The Castagnas decided to sell their house. Through the Castagna’s realtor, Baffone offered to…

The Castagnas decided to sell their house. Through the Castagna’s realtor, Baffone offered to purchase the house for $2.1 million. As a sign that he was serious, he provided a $50,000 deposit. The Castagnas rejected Baffone’s offer, and, on August 19, 2004, they made a counteroffer, through the realtor, to sell the property to Baffone for $2.3 million. Baffone told the realtor that he would buy the house for $2.3 million, but only if the settlement date were December 31, 2004, and only if the Castagnas agreed to permit Baffone to settle at any time up to that date. The realtor told the Castagnas about this latest counteroffer, but they never responded either affirmatively or negatively. Baffone later made yet another offer to buy the house, this time offering $2.5 million with no contingencies. The Castagnas never responded to this offer. Baffone later sued the Castagnas for breach of contract, claiming that he accepted the Castagnas’ counteroffer to sell the property for $2.3 million. Is this a good argument?

 

 

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