Legal Question in Real Estate Law in Texas

Propety sale and contract
Bob owned a cottaage and decided to sell it. He showed it to Dave and dave looked over the property carefully. They exchanged cards and there was no response. Bob wrote Dave a letter on July 19, and said he was now selling the property for 42, ooo instead of 45,000 originally and he must reply by July 22.bob mailed this on the same day and Dave received it on the 20 of July. Dave accepted the offer with the condition of repairing the deck, he sighned it and mailed it the next day. July 22 Bob decided he would take the property as is and wrote a letter and mailed it the same day. July 22 bob was contacted by a resort owner who offered him 50,000 for the property and he accepted and signed a contract.July 23 Dave's first letter arrived to Bob and 24 second letter arrived. Bob returned from a week vacation and read both letters anc notified Dave he had signed a contract already. Does Dave have a case of breach of contract against bob and what kind of remedy could he recover?

Asked on 6/15/02, 5:25 pm

Michael Dover Michael A. Dover, PC

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Re: Propety sale and contract

No, Dave rejected Bob's offer by conditionally accepting it. A conditional acceptance is a counteroffer and in reality is no acceptance at all.

Answered on 6/16/02, 4:26 pm

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