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For offers at common law to be valid, they require three elements: communication, definite terms and commitment.
Identifying a Valid Offer and Valid Acceptance It must be communicated, so that the offeree may accept or reject it. It may be communicated in writing, orally or by conduct. It may be made to a particular person, to a group of persons, or to the whole world (Carlill v Carbolic Smoke Ball Co.)
An offer must be made with the intention to become legally binding upon acceptance. A contract becomes binding when the offer has been unconditionally accepted. The two main parties involved in making an offer include: The offeror, which is the individual making the offer to the other (also called proposer)
Offers and Counter Offers are Binding . A written offer is a legally binding document once it is accepted by the seller. Similarly, a counter-offer is binding once it is accepted by the buyer.
Overview. Iowa's homebuying process is similar to other states where a real estate attorney (or a title company) is used to consummate the transaction and prepare all the closing documents. In Iowa, buyers and sellers often consummate the transaction at the same closing table.
An offer must be definite and clear, without which a binding contract isn't created. A contract of such kind is considered to be void. To state as provided in the respective legal provision, ?Agreements, the meaning of which is not certain or capable of being certain are void.?
When making an offer, home buyers often also provide ?earnest money,? which is usually 1-3 percent of the purchase price. If the offer is not accepted, the money is returned. If the offer is accepted, the money is held in a trust account and then applied to the purchase of the home.
The offer can directly communicate to the person specific to whom it is offered or it can be in general in nature. For example : ?A? wants to sell his car and he has published an advertisement in newspaper which is a form to communicate the offer to general public. Hence it is a valid offer.