Acceptance in Florida Contract Law
Acceptance is the unconditional agreement to the exact terms of an offer, forming a binding contract between the parties. In Florida, acceptance must mirror the offer without modification; any change constitutes a counteroffer that rejects the original proposal.
Acceptance in Real Estate Transactions
Florida real estate contracts require more than a signature to constitute acceptance. The FAR/BAR residential contract defines acceptance as delivery of the signed contract to the other party or their broker. Until delivery occurs, the offeror may revoke the offer. Timing matters: if the seller signs a counteroffer but the buyer's agent submits a new offer before delivery, the seller's signing is ineffective.
The Mirror Image Rule
Florida follows the mirror image rule for real estate and service contracts: acceptance must match the offer term for term. Any deviation, no matter how minor, is treated as a rejection and counteroffer. This rule frequently causes disputes in residential transactions where one party adds a handwritten condition to a printed form contract.
Related Terms
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC