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Private Nuisance and Negligence - Real Estate Liability and Law of TortAcceptance is the unconditional and unqualified assent of the offeree to all the terms of the offer. If the offeree alters the terms of the offer, his reply will be a counter-offer rather than acceptance. Acceptance may be written, oral or implied from the conduct of the parties. Though this concept is understood by most in essence, individuals looking to rent or lease Jamaica real estate apartments often accept an offer then never return thinking that there are no legal consequences. This is why you should be very careful when choosing which conveyancing solicitors to go for, as the wrong choice could land you with a heap of bother; follow the advice in this article to ensure that you have the smoothest conveyancing process possible. Note the following rules: 1. Communication of acceptance - Generally, an offer is not accepted until it is brought to the notice of the offeror, but there are exceptions to this rule: (i) Acceptance by letter or telegram is usually complete as soon as the letter is posted or the telegram handed in (the “posting’ rule) even though it never reaches its destination. (ii) In the case of instantaneous communications, for example, telex and telephone, the contract is only complete when the acceptance is actually received by the offeror or his agent. Thus if through a fault in the line the offeree goes on speaking but the offeror cannot hear him, no contract will result. Another point is to ascertain a fixed fee with your conveyancing solicitors before you begin any of the legal aspects of the conveyancing process; this will prevent them from racking up any additional charges that you would not be aware of otherwise. 2. Conditional Acceptance - A conditional assent of an offer does not constitute acceptance. Thus an acceptance which is made “subject to a formal contract being drawn up” is not effective until the condition has been fulfilled. 3. Tenders - If, for example, a person wishes a house to be painted or certain goods to be supplied, he may ask contractors or suppliers to submit estimates. These estimates, called tenders, are offers which may be accepted by the person requesting the tender. It will become increasingly important in the future to sensitize the all the players in the Jamaica real estate market, including vendors, purchasers, landlords, tenants, mortgage companies, Jamaica real estate apartment agents, brokers and salesmen of the proper method of operating with respect to an offer and acceptance Resource Author Francisco Rodriguez H.
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