Is our Offer to Purchase valid or not
Please could someone answer my question. We signed an OTP to purchase a house. Seller wanted clarification on payment terms. Those were amended and then the OTP was emailed to us to sign. We initialed their changes in acceptance but then added into the OTP that we wanted the Blinds in the property to remain. We initialed that and then the OTP was sent through to the Seller to sign. The Seller signed the OTP at the bottom in acceptance but they failed to initial the section where we said we wanted the Blinds in the property to remain. Does this invalidate the entire Offer to Purchase as they didn’t agree to a amendment we made in the OTP? Surely they can’t accept the OTP but fail to accept the one item we wanted? We would like to get out of the offer since there are other instances in this sale where Seller and Agent have lied, i.e. we said we wanted to buy subject to approved and signed off plans but there aren’t any and estate agent failed to put this in the otp. So if this invalidates the offer to purchase we would be very happy thanks
No, it does not invalidate the otp. Signing against changes just ensures that those changes were legitimate and thus not fraudulently made. Irrespective of that , the changes were agreed to orally.
If there are conditional terms that were not honored then it is within your right to cancel the agreement.