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50. Is there a contract for the sale of the house?
A seller sent an email to a potential buyer, offering to sell his house to her for $150,000. The buyer immediately responded via email, asking whether the offer included the house's front porch swing. The seller emailed back: «No, it doesn't.» The buyer then ordered a front porch swing and emailed back to the seller: «I accept your offer.» The seller refused to sell the house to the buyer, claiming that the offer was no longer open.
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A is incorrect. As explained above, a reply requesting information is not a counteroffer.
B is incorrect. An offeree's power of acceptance may terminate due to a lapse of time when the offeree fails to accept the offer within the time stated in the offer or within a reasonable time. In this case, the offer did not include an express time limitation. Therefore, the buyer could accept within a reasonable period of time. The email exchanges between the buyer and the seller demonstrate that the buyer accepted the seller's offer within a reasonable time period. The dispositive issue here is whether the buyer's reply to the seller's offer constituted an acceptance or a counteroffer. As explained above, the reply was merely a request for information, not a counteroffer.
C is incorrect. An offeree's reliance on an offer can create a binding option contract that precludes an offeror from revoking its offer. In this case, however, there is no indication that the buyer's purchase of the swing was the type of act performed in substantial reliance on the offer that the seller reasonably could have expected at the time he communicated his offer. The dispositive issue here is whether the buyer's reply to the seller's offer constituted an acceptance or a counteroffer, which, as explained above, it is not.