Question
On April 1, Erica listed her house for sale for $750,000.00. The listing stated that all offers would be reviewed on April 15. On April
On April 1, Erica listed her house for sale for $750,000.00. The listing stated that all offers would be reviewed on April 15.
On April 15, Erica met with her agent to review the offers that were received. The highest had been submitted by Katharine for the list price of $750,000.00.There were 2 offers from Pat and Cleo for
$725,000.00.
After consulting with her agent, Erica sent the following email to Katharine, Pat and Cleo:
"Thank you for your interest in my property. The first offer over $760,000.00 will be acceptable."
On April 16 at 9:00 a.m., Cleo sent an email offering $760,000.00. At 10:00 a.m., Pat emailed an offer for $770,000.00. Katharine considered that she had a binding contract for the purchase of the property for $750,000.00 since that was the listed price and did not respond.
Erica opened the email from Cleo, then the email from Pat both at 11:00 a.m. She replied to both Pat and Cleo advising that she was selling her house to Pat.
On April 20, Pat told Erica that he had lost his job and could not complete the purchase. He further stated that there was no contract in any event since Erica opened Cleo's email first.
Erica emailed Cleo to advise that upon review of the matter it appeared that she had a contract with him.Cleo responded that he had bought another house.
Finally, Erica emailed Katharine to confirm that they had a contract. Katharine also responded that she was no longer interested.
Erica just wants to sell her house.
Required: Discuss whether Erica has entered into a binding contract with any of the parties. Be certain to discuss the applicable legal principles as part of your answer. Does it make a difference if Katharine, Pat and Cleo are all claiming that they have a binding agreement?
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