Contracts

Offer and Acceptance (Mutual Assent)

The matching offer and acceptance that create the mutual assent, or meeting of the minds, required for a contract.

Quick flashcard

What does Offer and Acceptance (Mutual Assent) mean on the Texas real estate exam?

Answer: The matching offer and acceptance that create the mutual assent, or meeting of the minds, required for a contract.

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Offer and Acceptance (Mutual Assent) definition

Offer and acceptance is how parties reach mutual assent, sometimes called a meeting of the minds. One party makes an offer, and the other accepts its exact terms. A change to the terms is a counteroffer, not an acceptance.

A counteroffer terminates the original offer. The party who made the first offer is then free to accept or reject the counteroffer.

Source basis

Definition checked against the official sources below on .

On the exam

A counteroffer ends the original offer. The original cannot later be accepted once a counteroffer is made.

Exam trap

A listing price is an invitation to negotiate, not an offer a buyer can accept to form a contract.

Tested in

Contracts & Agency (16 of 80 National)

From definition to recall

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This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.