A counter offer is an offer made in response to a previous offer by the other party during negotiations for a final contract. It is a new offer made in response to an offer received. It has the effect of rejecting the original offer, which cannot be accepted thereafter unless revived by the offeror. Making a counter offer automatically rejects the prior offer, and requires an acceptance under the terms of the counter offer or there is no contract.
Santa Clara California Counter Offer Letter - Conditional Acceptance Where Subject Matter does not Involve the Sale of Goods
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State:
Multi-State
County:
Santa Clara
Control #:
US-01254BG
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Word;
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How to fill out Counter Offer Letter - Conditional Acceptance Where Subject Matter Does Not Involve The Sale Of Goods?
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FAQ
Rules Regarding Acceptance The acceptance needs to be absolute and has to correspond with the terms of an offer. The acceptance has to be communicated by conduct or words. The acceptance is communicated when provided in a certain manner. Acceptance cannot be conditional.
A conditional or qualified acceptance is an acceptance that adds to, or changes, the terms of the original offer. This is essentially a counteroffer. A conditional or qualified acceptance generally terminates the offeree's power of acceptance.
Conditional Acceptance and Counteroffers A counteroffer isn't an acceptance because it materially changes the terms of the proposed contract. Legally, a counteroffer is considered a rejection of the original offer and the proposal of a new offer in its place.
A qualified acceptance constitutes a counter-offer. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made. (1262a).
Conditional acceptance is impossible because it would be a counteroffer, nullifying the initial offer.
A counteroffer functions as both a rejection of an offer to enter into a contract, as well as a new offer that materially changes the terms of the original offer. Because a counteroffer serves as a rejection, it completely voids the original offer. This means that the original offer can no longer be accepted.
Conditional acceptance means that there are still terms that need to be met before your acceptance can be finalized. For example, maybe you're a high school or college student and you've applied and submitted your official transcript for your midterm grades.
Contracts that are consensual in nature, like a contract of sale, are perfected upon mere meeting of the minds. Once there is concurrence between the offer and the acceptance upon the subject matter, consideration, and terms of payment, a contract is produced. The offer must be certain.
Conditional acceptance means acceptance of supplies or services that do not conform to contract quality requirements, or are otherwise incomplete, that the contractor is required to correct or otherwise complete by a specified date.
(4) A qualified or conditional acceptance by the offeree A conditional or qualified acceptance is an acceptance that adds to, or changes, the terms of the original offer. This is essentially a counteroffer. A conditional or qualified acceptance generally terminates the offeree's power of acceptance.
