Legal Question in Real Estate Law in Virginia
Does any (even minor) modification to the contract constitute a counter offer?
We signed and faxed over a purchase contract to the seller. The seller accepted the contract. Due to various circumstances, we changed our mind on the house and want to back out.
When the seller signed our original purchase contract and faxed it back, they made some very minor changes to the contract. For example, we marked that the refrigerator does not have an icemaker when in fact it does. Normally we are now expected to initial those changes to proceed forward. Do these minor changes constitute a counter proposal that we can just reject instead of moving forward?
It's unfortunate we need to do this, but at least this is very early in the process. Since we also the home inspection contingency clause, I believe we could back out after the home inspection (possibly by asking for something unreasonable), but we'd prefer not getting to that step.
1 Answer from Attorneys
Re: Does any (even minor) modification to the contract constitute a counter offer?
I doubt that the minor changes which you've described would constitute a counteroffer which you could reject to nix the entire deal.