Seemingly minor changes can nullify contract

Sellers beware: What seems like a small change to a contract can render it null and void.

Q: We made an offer to purchase a home, including all of its appliances. The woman who is selling the property accepted our offer but crossed out and initialized the paragraph that said we would get the stove, refrigerator, dishwasher and the like. Because all of the appliances are brand-new and would cost about $5,000 to replace, we would not have offered the price we did if we knew that the seller planned to keep them. Since the seller accepted our offering price but will not include the appliances, are we still required to purchase the property for the price we originally offered?

No, you’re under no legal obligation to buy the house. Perhaps the seller didn’t realize it, but she effectively rejected your offer when she crossed out the paragraph that said all of those appliances would be included in the transaction.

The seller’s plan to sell the house for the offering price but keep the appliances for herself constitutes a counteroffer, which you can now either accept or reject. And since the counteroffer rendered your original offer null and void, you wouldn’t be required to purchase the home even if the seller later decides to include the appliances in the deal.

Q: What is a “walk-up”?

A: It’s a condominium, co-op or apartment building that has more than one story but does not have elevator service – meaning that residents who live on the upper floors must walk up the stairs to get to their respective homes.