Polk listed property to sell with a real estate agent. Avon made an offer and the two parties went back and forth on terms. When Polk rejected an offer from Avon, Avon then accepted an earlier offer from Polk and gave a $25,000 deposit check to cinch the deal. Polk refused to sell. Avon sued, claiming there was a contract or, at a minimum, an option contract formed by the deposit check. Is there a contract? [Polk v. BHRGU Avon Properties, 946 So.2d 1120, Dist. Ct. App., Fla. (2006)]