What is the Firm Offer Rule? (2024)

What is the Firm Offer Rule? (2)

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Formation

The contract is governed by the UCC, so both parties must Merchants. The Offeror - the merchant who offers to sell goods - offers to sell goods to the buyer (offeror). This offer remains on the table for either an express or implied period of time. If express, the contract itself contains the amount of time the buyer has to make a decision. In order for the period of time to be implied, certain conditions must be met according to the UCC which will trigger a "gap-filler" provision (more below). There must also be adequate consideration - money - stated between both parties.

Implied Offer

Even if the offeror does not expressly state a period of time during which the offer cannot be revoked, the Firm Offer Rule will be deemed applicable if:

  1. An offer to buy or sell goods exists,

  2. There is a signed agreement that the offer will be open, but does not state the time frame during which the offer is open, and

  3. Both parties are Merchants, and therefore more familiar than the average layperson with buying and selling goods.

If these conditions are met, the UCC mandates that the offer stay open for a period of 3 months (90 days).

Drafting Contracts for Goods

In drafting a contract for the sale of goods, be aware that the Firm Offer Rule could apply. You can use our template for a contract for the sale of goods to help you. Additionally, it is always advisable to have an attorney look over any draft agreement you wish to submit to another party.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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What is the Firm Offer Rule? (3)

What is the Firm Offer Rule? (4)

What is the Firm Offer Rule? (5)

What is the Firm Offer Rule? (6)

What is the Firm Offer Rule? (7)

What is the Firm Offer Rule? (8)

What is the Firm Offer Rule? (2024)

FAQs

What is the Firm Offer Rule? ›

A firm offer is an offer that will remain open for a certain period or until a certain time or occurrence of a certain event, during which it is incapable of being revoked. As a general rule, all offers are revocable at any time prior to acceptance, even those offers that purport to be irrevocable on their face.

What is an example of firm offer rule? ›

Example 1: A car dealership promises in writing to keep an offer to sell a car to a customer open for two weeks. This is a firm offer, and the dealership cannot revoke or withdraw the offer during that two-week period.

How does a firm offer work? ›

A firm offer is an irrevocable offer to contract under Article 2 of the Uniform Commercial Code In a sale of goods, if the seller is a merchant under the definition of a merchant in §2-104, and promises in signed writing to keep an offer open, a firm offer is created.

What is firm offer meaning? ›

noun. : a binding written offer to buy or sell that cannot be revoked for a stipulated period of time or for a reasonable time that in no event exceeds three months.

Can a firm offer exceed three months? ›

This section is intended to apply to current “firm” offers and not to long term options, and an outside time limit of three months during which such offers remain irrevocable has been set. The three month period during which firm offers remain irrevocable under this section need not be stated by days or by date.

What is the difference between a firm offer and a regular offer? ›

A firm offer is an offer that will remain open for a certain period or until a certain time or occurrence of a certain event, during which it is incapable of being revoked. As a general rule, all offers are revocable at any time prior to acceptance, even those offers that purport to be irrevocable on their face.

Is a firm offer legally binding? ›

Like an option contract, the Firm Offer Rule is a type of irrevocable offer contract, meaning the person offering the contract cannot revoke it for a period of time.

Can I reject my firm offer? ›

You should contact your preferred university to ensure there are spaces on your chosen course and you meet the entry requirements. You should then contact your firm choice university to decline their offer. For more information, including deadlines for swapping your choices, visit UCAS.

Is a firm offer a final offer? ›

In a competitive market brought on by the pandemic and low inventory of houses for sale, it was common for us to see real estate deals without any conditions and firm offers. A 100% firm offer means that the purchase is final, and the buyer can't back out of the deal.

Do I have to accept firm offer? ›

Accept an offer and register online before the deadline stipulated in the firm offer letter. Should you not do so, the offer will be withdrawn, and the place will be offered to another applicant.

Is a firm offer negotiable? ›

A “firm offer” is commonly understood to be a definite and binding proposal to enter into a contract. The concept is that a party who makes a firm offer is agreeing that if the offer is accepted, then both parties will be bound by its terms and the offer may not then be withdrawn.

Do you need consideration for a firm offer? ›

If the offer stays open for more than three months, it must be supported by a consideration which means there must be a formal agreement of some type. When the offer is considered a firm offer, it has only gone one way and has not yet been accepted.

What is the firm offer price? ›

A “firm offer" is an offer to buy or sell goods at a certain price that is guaranteed not to change for a certain period of time. Your customers may ask you to make a firm offer so they have certainty with respect to pricing for a fixed period of time. You may seek the same from your suppliers.

Can a firm offer be rescinded? ›

The decision to rescind a job offer must be permitted under applicable law. The following are examples of situations where an employer may wish to rescind a job offer: The candidate fails a legally required drug test. The company can no longer afford to hire a new employee due to budget cuts or financial instability.

Can a firm offer be oral? ›

Contrary to what most believe, an informal exchange of promises can still be binding and legally as valid as a written contract. A spoken contract is often called an “oral contract,” not a “verbal contract.” A verbal contract is simply a contract that uses words.

What is an example of a firm offer? ›

An example of the firm offer rule could be a merchant agreeing to sell one hundred units of a certain good at a fixed price of $50 for a period of 60 days. Time limits on firm offers can be extended by offering a new offer or agreeing to an option contract.

Which of the following is an example of the merchant's firm offer rule? ›

For example, if a merchant offers to sell a product to a customer and promises to keep the offer open for a week, the offer cannot be withdrawn during that week.

What is an example of offer law? ›

However, an offer is made and if another individual accepts the offer and performs, an enforceable contract exists. An example would be if A offers a reward of $100 to the person who finds and returns A's missing cat. If B finds and returns the cat to A, A would be bound to pay B the $100 reward.

What is the firm bid rule? ›

A firm bid rule refers to an offer that a bidder makes that does not contain any stipulations that could prevent acceptance. The bid once made stays open until the purchasing director either accepts or rejects the bid.

What is the rule 2.7 firm offer? ›

An offeror should announce a firm intention to make an offer only after the most careful and responsible consideration and when the offeror has every reason to believe that it can and will continue to be able to implement the offer.

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