79. A buyer wrote an offer to purchase a seller's property, which was listed at $175,000. The listing stated all appliances came with the sale. The buyer's offer was $165,000 with all appliances. The seller countered $170,000 with no appliances. The buyer countered the seller's counteroffer at $162,000 and did not reference the appliances. The seller then countered the buyer's latest counteroffer at $165,000 and the buyer accepted. Which of the following is true with regard to the appliances?
Answer: C
The appliances were removed in the counteroffer and never reinstated in subsequent offers.
In the sequence of offers and counteroffers, the appliances were initially included in the buyer's first offer. However, when the seller countered with a price of $170,000 and specified no appliances, this condition was maintained in subsequent negotiations, leading to the conclusion that the appliances are not included in the final agreement.
A) The buyer can expect the appliances to be included in the transaction because they were listed in the advertising
This option is incorrect because the inclusion of the appliances in the initial listing does not guarantee their inclusion in the final agreement. Once the seller made a counteroffer without appliances, the buyer's acceptance of the final counteroffer at $165,000 implies acceptance of that condition.
B) The appliances would be included as they were mentioned in the earlier $165,000 offer.
This statement is misleading. Although the appliances were included in the buyer's initial offer, they were explicitly excluded in the seller's counteroffer, which the buyer did not reinstate in their subsequent counteroffer. Therefore, they cannot expect the appliances to be included based solely on the earlier offer.
C) The appliances were removed in the counteroffer and never reinstated in subsequent offers.
This option is correct. The seller's counteroffer explicitly stated no appliances, and the buyer's subsequent counteroffer did not mention them. Thus, the appliances were effectively excluded from the negotiation process, making this statement accurate.
D) The seller will have to include the appliances as they were not excluded in the final counteroffer.
This option is incorrect. The final counteroffer made by the seller at $165,000 did not include the appliances, and since the buyer accepted this counteroffer without any reference to the appliances, they cannot be expected to be part of the transaction.
Conclusion
The correct answer is C, as it accurately reflects the sequence of offers and the exclusion of appliances from the final agreement. All other options misinterpret the implications of the counteroffers and fail to recognize that the appliances were removed from consideration and never reinstated in later negotiations.