4. A property is listed for $219,900. An offer of $210,000 includes a free-standing stove and refrigerator... The seller is not willing to leave the stove... Which of the following is true?
Answer: A
The original offer was rejected and the seller's counteroffer must be accepted in writing.
In this scenario, the seller's unwillingness to leave the stove indicates a rejection of the original offer. Consequently, this prompts a counteroffer from the seller that needs to be formally accepted by the buyer to create a valid agreement.
A) The original offer was rejected and the seller's counteroffer must be accepted in writing.
This option is correct because the seller's refusal to include the stove implies that the original offer cannot be accepted as-is. Instead, a counteroffer is presented, which must be acknowledged and accepted in writing by the buyer to form a binding contract.
B) Neither the seller nor his licensee has a right to make any changes to the original offer.
This option is incorrect. The seller has the right to reject the offer and propose a counteroffer, which is a standard part of the negotiation process in real estate transactions. Therefore, changes to the original offer can indeed be made.
C) The offer has been signed and accepted by all parties and creates a valid contract.
This option is incorrect because a valid contract requires acceptance of the terms by all parties involved. Since the seller did not accept the original offer due to the stove issue, no contract has been formed at this stage.
D) The buyer's licensee can sign the change regarding the stove on behalf of the buyer.
This option is incorrect unless the buyer has given specific authority to the licensee to make such changes. Typically, significant changes in an offer, such as the inclusion or exclusion of fixtures like a stove, require direct approval from the buyer.
Conclusion
The correct answer is A, as it accurately reflects the situation where the seller's refusal to include the stove represents a rejection of the buyer's initial offer, leading to a counteroffer that must be formally accepted. Other options fail to acknowledge the necessity of written acceptance for any counteroffer or misinterpret the authority of the parties involved in the negotiation process.