Dear Forms Committee: My buyer’s offer included OREF 048 – Seller Contributions Addendum, asking the seller to contribute towards buyer agent compensation. The seller accepted the offer but did not sign the version of OREF 048 provided; instead, they wrote their own version of OREF 048 and returned it to me with the signed offer. Is my buyer committed to this purchase?

Not if the seller’s version made a material change to the offer. When included in the initial offer, OREF 048 – Seller Contributions Addendum is no different than an addendum regarding personal property, Agreement to Occupy, or other material term. If the seller is making a material change to the offer written by the buyer, then the seller is countering the buyer’s offer. The proper way to document this would be for the seller to provide a counteroffer that introduces a new version of OREF-048, which the buyer can then review and decide whether to move forward with based on the new countered terms.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.