Roth v. Malson

67 Cal.App.4th 552 (1998)

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Nature of the Case

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Facts

P executed on Stromer Realty's standard 'Sales Agreement and Deposit Receipt' form an offer to buy the property for $ 41,650 cash, escrow to close within 30 days of acceptance. D executed and transmitted a counteroffer to P's original offer. The counteroffer was made on a California Association of Realtors' standard form labeled 'Counter Offer' and indicated, in a portion marked 'Changes/Amendments,' that 'The Purchase Price Shall Be $ 44,000.' The counteroffer would expire if not accepted by November 8, 1995. The counteroffer document contained an area called 'Acceptance,' with lines for date and signature. Below that was a solid black line and below the line appeared a portion labeled in bold print 'Counter to Counter Offer.' On November 6, 1995, P signed and dated the portion labeled 'Counter to Counter Offer' and, on lines provided for 'Changes/Amendments,' handwrote 'Price to be 44,000.00 as above. Escrow to close on or before Dec. 6, 1995. All cash.' (See appen. A.) The line for an expiration date for the counter-counteroffer was left blank. P conveyed the form to Stromer Realty by the November 8 deadline for the expiration of D's counteroffer. D never accepted P's counter-counteroffer. D rejected P's counter to counteroffer and was taking the property off the market. P sued D for specific performance and D moved for summary judgment. P appealed a ruling in favor of D.