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Correcting Errors in an Offer (Ontario)

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

Correcting Errors in an Offer (Ontario)

Question:

I am the Listing Agent and I received an offer on a property and the Buyer Agent made a few errors. In particular, he put items that are not included with the sale in the chattels included, and the wrong maintenance fee amount. Apart from those items my Sellers want to accept. If I make the necessary changes, do I have to make it irrevocable by the Seller, because essentially the terms of the agreement have changed? Or can we accept and just edit those items accordingly and the deal will be firm since those items are errors?

Answer:

You only have three choices with an Offer:

1) accept it,

2) reject it, or

3) let it expire.

Anything else is the start of a new negotiation. That's just talking, not "contract formation."

Denise Copeland
Home Sales Palm Beach - Jupiter, FL
Jupiter Abacoa Sales & Beach Front Luxury Homes

In the US, we're able to alter an offer with changes initialed by the seller. Send it back as a counter offer and if they execute the changes it's binding.

Aug 06, 2017 12:13 PM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Denise,

Yes, but's that's a "new" agreement

Sam is true in Ontario, counter-offers are commonplace.

Brian

Aug 08, 2017 07:47 AM