8. Under the listing agreement, in the case AMA Realty v. Kaplan, was entitled to 5% commission if a) Kaplan ob- tained an offer to purchase the property at the market- ing price of $11,700,000 or b) AMA entered into a con- tract for the sale or exchange of the property at any price accepted by AMA. Landwhite's offer of $4 million for the property was rejected. Since the marketing price was $11,700,000, what kind of offer did the $4 million represent? Would the marketing material be considered an advertisement? 9. According to the court in the Agosto case, what can the court consider to determine "whether there was a meet- ing of the minds sufficient to give rise to an enforceable contract"