Legal Question in Real Estate Law in California

I have an offer from a buyer (corp.). When we countered the offer, they countered but the buyer's company name is different than in the RPA. Doesn't the corporation name have to be the same?


Asked on 2/14/13, 9:41 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, ordinarily one would think it should be. The offeror may have made a mistake, or perhaps one company has a subsidiary, a division, a trademark, etc. that differs. More likely than not, the offeror is not trying to pull a fast one, but you as the offeree/seller are entitled to know exactly by whom the (counter)offer is made. You'll need to verify current corporate existence and good standing, credit worthiness, authority of the signing officer(s), etc. Perhaps the offeror has just decided it wants to hold title in the name of a division or subsidiary, but you should point out the difference in name and ask whether it was a mistake or intentional, and if so, why.

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Answered on 2/14/13, 10:32 am

The short answer is, yes.

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Answered on 2/18/13, 5:42 pm


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