Q: A counter-offer was sent from the seller’s agent to the buyer’s agent with a deadline. The buyer signed the counter but missed the deadline. The buyer’s agent contacted the seller’s agent and asked if it was okay; the seller’s agent said it was. The buyer’s agent then sent the counter back to the seller’s agent and followed up with a call to be sure they had received it. The seller’s agent works a full-time job and is not able to respond until after work. If the seller’s agent binds this, is it legal, even though the buyer missed the deadline?
A: Technically speaking, once an offer or counter offer expires, it is over and cannot be accepted. It is possible to “revive” an offer, but that would require very specific language. The simplest and cleanest way to handle this situation is to simply have a new offer signed. In the event that one of the parties wanted out down the road, they could raise the argument that there was no contract, since it was accepted after the offer had expired.