Acceptance must mirror the offer exactly ('mirror image rule')
Before you read
Test yourself first: 5 questions
Question 1 of 5
Buyer offers $400,000. Seller counters at $415,000. Buyer rejects the counter, and the seller then says, 'Fine, I accept your original $400,000.' Is there a contract?
Answer: C. A counteroffer REJECTS and kills the original offer. The seller's later 'acceptance' is actually a NEW offer at $400,000, which the buyer may accept or refuse. (Writing matters for enforceability, but the doctrinal answer is the dead original offer.)
Question 2 of 5
For acceptance of an offer to form a contract, it must generally be:
Answer: A. Acceptance must be communicated to the offeror (per the offer's terms) and must occur before the offer is revoked or expires.
Question 3 of 5
Which of the following is NOT one of the essential elements required for a valid contract?
Answer: C. A valid contract requires offer and acceptance, consideration, legally competent parties, and a legal purpose. Notarization is not an essential element of contract validity.
Question 4 of 5
A buyer submits a written offer to purchase. Before the seller responds, the buyer phones and withdraws the offer. The offer is now:
Answer: B. An offeror may revoke an offer at any time before the offeree communicates acceptance. Once revoked, there is no longer an offer to accept.
Question 5 of 5
For an acceptance to form a binding contract, it generally must be:
Answer: B. Acceptance must mirror the offer (mutual assent) and be communicated to the offeror; any change in terms is a counteroffer, not an acceptance.
Keep the streak going with more questions like these, each with a full rationale.
Must-know rules
- Offer + unconditional acceptance + COMMUNICATION back = contract
- Counteroffer KILLS the original offer — you can't accept it later
- Offeror may revoke any time BEFORE acceptance is communicated
- Death of offeror before acceptance terminates the offer
- Acceptance must mirror the offer exactly ('mirror image rule')
Offer & Acceptance — The Dance: FAQs
Is Offer & Acceptance — The Dance on the real estate exam?
Yes. Contracts & Transfer of Title is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
Is this cheat sheet free?
Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.
