Contracts term

Counteroffer

A response to an offer that changes its terms, which rejects the original offer and creates a new one.

Why Counteroffer matters on the exam

This term belongs to Contracts. The questions below are real items from Freehold's bank that use it - each one cites its source.

Exam questions using Counteroffer

Every Freehold question shows why the right answer is right — and cites its source.

Which of the following is an appropriate task for an unlicensed assistant?

  1. Drafting a counteroffer for a licensee's signature
  2. Ordering supplies and maintaining the office's marketing materials
  3. Advising a seller on whether to accept an offer
  4. Discussing commission rates with a prospective client
Show answer & explanation

Ordering supplies and maintaining the office's marketing materials — Administrative tasks like ordering supplies or maintaining marketing materials do not require a license and are appropriate for unlicensed office support staff.

Source: PSI National Real Estate Exam Content Outline — Broker Supplement

Which of the following would terminate an agency relationship by operation of law?

  1. The agent submitting a lowball counteroffer
  2. A buyer requesting a home inspection
  3. The parties extending the listing term by written amendment
  4. The bankruptcy of the principal
Show answer & explanation

The bankruptcy of the principal — Operation of law terminates agency through events like bankruptcy, death, incapacity, or the property becoming subject to condemnation, none of which require either party's consent.

Source: PSI National Real Estate Exam Content Outline §5 General Principles of Agency

When a seller responds to a buyer's offer by changing the price, the seller has:

  1. Accepted the offer with conditions
  2. Created an option contract
  3. Rejected the original offer and made a counteroffer
  4. Kept the original offer open while negotiating
Show answer & explanation

Rejected the original offer and made a counteroffer — Any change to an offer's terms operates as a rejection of the original offer and creates a new counteroffer. The original buyer is then free to accept, reject, or counter the new terms.

Source: PSI National Real Estate Exam Content Outline §7 Contracts

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