Yes, that happens a lot. Intent has a lot to do with it, but we just add an addendum extending the time frames to be safe. But, I have moved forward with deals that were days past our expiration on the RPA as the new docs (all parties sign a revised expiration date) and dated signatures show the intent of the parties to revive the original doc with the new addendum.

Basic contract law; an expired offer cannot be revived and must be re-written. It is a dead ducky. An easy action would be to re-print the offer, amend the deadline date and have the buyer and seller counter-initial that change; good to go.

Change the expiration date and both parties initial it. Seller signs the offer and it's a deal.

Norm Padula provided the contract law answer. Better safe than sorry!

I believe that depends on the laws in your state on how to handle this... changing and initialing dates or brand new offer, etc.

It would depend on how the expiration clause is written.

As I responded to you in my post, our attorneys have said if everyone signs and in good faith continues with the offer, it is legal.  I prefer to address the new response time in a counter so we legally are in contract, and no one can terminate due to sloppy dates.

I would make sure that both parties agree in writing to the extended date.

This likely varies by state and the language in the contract.  On a practical level, Thomas J. Nelson, Realtor, CRS uses the same approach as I do.    

I'd add an addendum to extend the date to make it all on the up and up.

In my state wew ould need to add a counter form with the new date.

Adjust the date and have all parties initial.

Just sign and have both parties initial with the new date.

Eve

Not in my opinion.  Extend the time to respond in an addendum or a counter offer.  

They should sign the offer and and add an addendum stating "Buyer and seller agree...."

I've had agents push back on the addendum saying that it's redundant.  Maybe so, but better safe than sorry. 

In Oregon, acceptance after the deadline is not binding until the acknowledgement is signed and a box is checked that the seller/buyer agrees to be bound thereby. 

Yes , just change(and initial) any expired dates !

I'm a stickler on making sure the paperwork and contracts are in order Nathan Gesner .  How would you feel if the parties ended up in court over an unrelated issue but now you have to show you had a valid contract that was signed after expiration.  What a mess!   Seems easier to just amend the offer.  I have moved forward on expired offers but they were expired by hours not days.  What do you think an attorney would tell you to do...

I would do a counter extending the dates

Nathan,

I agree with Thomas J. Nelson, Realtor, CRS .  A

Nathan Gesner You will need an amendment to change the appropriate dates.

Legal question.

I wonder if this is from state to state what is legal.

 Change the dates or use an addendum.

 You don't want any "problems" down the road.

@Sandy Padula and Norm Padula, JD, GRI NMLS#1483386  had it right for our area, as well.  This is precisely how we handle it in our area;  rather, I should say how we SHOULD handle it.  I cannot presume to speak for other agents, but this is what I do. 

Our contract has a spot where if it is expired and the buyers initial it is contractually extended. Otherwise we write an addendum extending it and validating the acceptance and all parties sign.-Kasey

Depends on the laws for your state. How about an Addendum signed by both parties?

there's no such thing as "good enough" on contracts....the dates are the dates.... I would rewrite the agreement.... but that's just me....others may have other answers....

It may vary in every state Nathan Gesner In MA our offer is called "Contract to Purchase" if we go over we should have an extension filed.

Follow the terms of the contract. You may need a signed extension.

Escrow will require an amendment at some point. Meanwhile open escrow

As long as you change the expiration date and everyone initials the change, should be fine.

Thomas J. Nelson, Realtor, CRS nailed this one!

It is a start but buyer would need to cross out and initial expiration clause. 

What I do is to line out the original acceptance date with the new date and have the buyer initial.  Then, when the seller initials, you have a valid contract.

I would have them re-write the contract.

Nathan Gesner - for me, it is as simple as changing the expiration date and initial by both parties - and they are willing.

And if one wants to be very particular about paperwork - just start fresh! In today's world of electronic signatures, it is not going to take a lot of time!

Good Luck for one more under an agreement.

Seek appropriate legal counsel who is licensed in the relevant jurisdiction.

Sign it and fill out an extension of time form.  That's how we do it out here.  Had that happen on my last escrow where the buyer's agent was asleep at the wheel and missed the cut-off time being on the form.