See the instructions on lines 48-51 of the WB-44. The new counter-offer does not incorporate the terms of the previous counter-offer unless rewritten into the body of the WB-44 or incorporated by reference. The new counter offer will be the same as the prior counter-offer except for an extended binding acceptance date at line 32.
Because a contract has not been formed and the parties are still negotiating, the preferred method for a licensee to extend the acceptance deadline is by using a new WB-44 Counter-Offer. To create a contract, the counter-offer must be accepted and delivered before the deadline, therefore the late signature and delivery does not create a contract - at best it shows that the buyer would agree to the terms set forth in the seller’s latest counter-offer. The counter-offer is not accepted and not a part of the contract if and when the binding acceptance time lapses. Is there a contract? Does the broker use a counter-offer or an amendment to extend a missed acceptance deadline? The buyer signed it and delivered it after the deadline. The acceptance timeline on a WB-44 Counter-Offer gives the buyer until the 31st of the month. The only relevant deadline in the counter-offer is the acceptance date set forth in the counter-offer. The counter-offer may be written after expiration of the acceptance period in the offer and may be used even if the seller rejected the offer. The counter-offer is essentially a new offer that incorporates many, if not most, of the terms and provisions of the previous offer. Can the buyer initiate a counter-offer, or does the broker have to draft a whole new offer? The buyer wants to make a new offer with a different price. When the buyer made an offer on a property about a month ago, the parties could not come to an agreement, and the seller rejected the buyer’s offer.
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