What is the difference between an offer and a purchase agreement?

An offer is a written proposal to buy a property with conditions baked in. The buyer's agent helps to write it up and delivers it to the seller's agent. Purchase agreements are an actual agreement between the buyer and the seller also sometimes called a real estate contract.

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New Jersey
Firm Offer for Sales Agreement by Merchant

New Jersey Firm Offer for Sales Agreement by Merchant

Category:

Contracts - Sale of Goods

State:

Multi-State

Control #:

US-02324BG

Format:

Instant download

Description

The Uniform Commercial Code (UCC) has been adopted in whole or in part by the legislatures of all 50 states. In most instances, the UCC treats all buyers and sellers alike. In some cases, it treats merchants differently than it does the occasional or casual buyer or seller. The UCC recognizes that the merchant is experienced and has a special knowledge of the relevant commercial practices.

Contract law as to offers is applicable to a sales contract, with the following exception. A firm offer by a merchant cannot be revoked if the offer:

" expresses an intention that it will not be revoked,

" is in a writing, and

" is signed by the merchant.

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FAQ

A firm offer is an irrevocable offer to contract under Article 2 of the Uniform Commercial Code In a sale of goods, if the seller is a merchant under the definition of a merchant in §2-104, and promises in signed writing to keep an offer open, a firm offer is created.

An offer is a definite and specific promise made by the offeror to an offeree of which there is an intention to be bound on specific terms if it is accepted. An offer can be made in oral form, writing form or by conduct, noted that it should not be vague but definite.

An offer can either be in writing or can be communicated orally to the offeree. However, mentioned are the requisites of a valid offer: Two parties. Every proposal must be communicated.

An example of the firm offer rule could be a merchant agreeing to sell one hundred units of a certain good at a fixed price of $50 for a period of 60 days. Time limits on firm offers can be extended by offering a new offer or agreeing to an option contract.

An offer is a written proposal to buy a property with conditions baked in. The buyer's agent helps to write it up and delivers it to the seller's agent. Purchase agreements are an actual agreement between the buyer and the seller also sometimes called a real estate contract.

However, despite settled courses of dealing or usages of the trade whereby firm offers are made by oral communication and relied upon without more evidence, such offers remain revocable under this Article since authentication by a writing is the essence of this section.

In the United States, an exception is the merchant firm offer rule set out in Uniform Commercial Code - § 2-205, which states that an offer is firm and irrevocable if it is an offer to buy or sell goods made by a merchant and it is in writing and signed by the offeror.