What Is an Offeree? (Offeror vs. Offeree)
An offeree is the one holding the offer. They didn’t write it, but they get to decide what happens to it. In real estate that’s usually the seller… until they counter. Then the roles flip.
Offeree: An offeree is the person or company that receives an offer and has the power to accept it. The person who makes the offer is the offeror. In a home sale, the seller is usually the first offeree. An offeree can accept, reject, counter, or let the offer expire, and a counteroffer makes them the offeror.
Offeror vs. Offeree
Easy way to remember it: the offeror makes the offer. The offeree receives it. Same pattern as employer and employee.
Offeror | Offeree | |
|---|---|---|
Role | Makes the offer | Receives the offer |
Power | Sets the terms and can revoke before acceptance | Can accept and create a binding contract |
Home sale example | Buyer submitting a purchase offer | Seller reviewing it |
More on the other side in our offeror guide.
The Offeree’s Four Options
1. Accept. Acceptance has to match the offer exactly. Lawyers call this the mirror image rule. Change one term and it’s not an acceptance anymore. See contract acceptance.
2. Reject. The offer is dead. The offeree can’t change their mind tomorrow and accept it.
3. Counter. A counteroffer is a rejection plus a brand new offer. The original offer is gone.
4. Let it expire. Most real estate offers have a deadline. Miss it and the offer lapses.
How a Counteroffer Flips the Roles
Here’s a normal back-and-forth on a house listed at $365,000:
The buyer offers $350,000 with a 30-day close. Buyer = offeror. Seller = offeree.
The seller counters at $362,000. Now the seller is the offeror and the buyer is the offeree. The $350,000 offer is dead.
The buyer counters at $356,000. Roles flip again.
The seller signs, accepting $356,000 exactly as written. Now there’s a contract.
Notice what happened at step 2. Once the seller countered, they couldn’t go back and accept the buyer’s $350,000 offer. It was rejected the moment the counter went out.
When an Offer Dies
Under the Restatement (Second) of Contracts § 36, an offeree loses the power to accept when any of these happen:
The offeree rejects it or makes a counteroffer
Time runs out
The offeror revokes it
The offeror or offeree dies or loses legal capacity
Revocation only counts once the offeree gets it. And a deadline in an offer usually doesn’t stop the offeror from pulling it early. If the offeree wants the offer held open, they generally have to pay for that, which is called an option.
Real Estate Offers Have to Be in Writing
Every state has a statute of frauds that requires contracts for the sale of land to be in writing. A verbal “yeah, we’ll take it” won’t hold up. See statute of frauds.
Here’s how it looks in Idaho, where Bellhaven is based. Idaho Code § 9-505(4) says an agreement for the sale of real property is invalid unless it, or a note of it, is in writing and signed by the party being held to it. And Idaho Code § 54-2052 lets offers, counteroffers, and acceptances be sent electronically when the parties agree to that in writing.
Tips If You’re the Offeree
PRO TIP: Look at the expiration time before you look at the price. A great offer you sleep on past its deadline is just a piece of paper.
Respond in writing, through your agent. Don’t text the buyer “sounds good” and assume you have a deal. And if you counter, remember you just killed the original offer. Only counter if you’re okay with the buyer walking.
Offeree FAQs
Who is the offeree in a real estate contract?
Whoever receives the current offer. At the start that’s usually the seller. After a counteroffer, the buyer becomes the offeree.
Can an offeree make a counteroffer?
Yes. But a counteroffer rejects the original offer and replaces it with a new one, so the offeree can’t go back and accept the original later.
Can an offer be revoked after the offeree receives it?
Generally yes, as long as the offeree hasn’t accepted yet and hasn’t paid for an option to keep it open. The revocation takes effect when the offeree receives it.
Does acceptance of a real estate offer have to be in writing?
Yes. The statute of frauds requires contracts to sell real property to be in writing and signed.
What is the plural of offeree?
Offerees. You’ll see it when an offer goes to more than one person, like co-owners selling together.
Getting offers on your home? Sell with Bellhaven and we’ll walk through every offer and counter with you, deadline first.
