“Can you counter an offer on a different contract form?”
April 27, 2026
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: I wrote an offer on a property, and I received a call from the listing agent with the response that the seller was countering the offer on a different form contract. Does the seller have the right to counter on a different form?
A: Yes. Parties can counter an offer to purchase with any alternative terms they may desire. If a seller does not like the terms in a particular form contract, the seller may use another form contract to propose the more desired terms in the other form. The buyer receiving the counteroffer on the new form will need to consider any differences between the forms when making a decision to accept or submit a counteroffer.
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