I offered a car for sale on Thursday by mail...decided not sell and revoked my offer by fax on Saturday to her office...the lady mailed me her acceptance on Monday without seeing the fax..
is there a contract...is my revocation valid?
1 Answer from Attorneys
This reminds me of a lawschool hypothetical. Typically an offer is accepted upon receipt. However, since the method with which you offered the sale was by mail and the acceptance was transmitted by mail, the offer was accepted once the acceptance was mailed. This is the mailbox rule. It can bind even if the acceptance is never received.
The question is would the individual have received your fax prior to mailing the acceptance? Did you indicate that acceptance of the offer is only valid if received? If you had, you would avoid the mailbox rule.
If the other party really wants the car and wishes to pursue the sale, it would make for an interesting case. Good Luck.
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