A purchase offer specifies a short deadline, another offers a different price and additional conditions. For the selling side, the economic ranking is not the only important factor now. First it must be clear which declarations have already been made and what the actual legal status is.
Put all versions in chronological order
Our editorial recommendation: preserve the complete declarations unchanged. Note the time of receipt, known transmission routes and any responses already sent. A summary with price and names is not sufficient when conditions or formulations are decisive for classification. Clearly identify different versions of the same offer.
Separate a mere query from a possible acceptance or other legally significant declaration. Whether a message has already created obligations should, in case of doubt, be checked against the exact wording. The personal assumption that a later appointment might be important is not a reliable substitute for this check.
An acceptance period is not just a reminder
§ 862 ABGB governs acceptance within the period specified by the offeror and the binding nature of the offer during that period. [ANBOT] What significance a particular purchase offer has and whether a declaration is timely and substantively appropriate, however, depends on its version and the further circumstances.
Therefore do not use a generic automatic deadline from someone else’s example. If multiple offers are present, have the respective conditions assessed separately. A higher price does not simply make a binding already possible from another transaction invisible. Even an apparently small change can raise a distinct legal question.
Only set up the economic comparison once the legal position is clarified
Create, alongside the legal position, a factual comparison overview. This can include price, stated prerequisites, desired procedure and outstanding financing questions. Distinguish between proofs and mere statements. A letter of intent is not the same as a payment that has been contractually promised.
Do not share offers unnecessarily in full with competing interested parties. For your own decision you need their content, not a general publication of private details. If you want to renegotiate, first clarify which communication channel and which declaration are professionally appropriate.
Example: The better price has an unresolved condition
A seller receives an offer with a specific handover date. Shortly afterwards a higher offer follows that depends on a still open prerequisite. Her previous response to the first letter is not clear. Instead of immediately agreeing to the higher price, she first has the existing state of declarations and both deadlines reviewed. Only after that is the next message prepared.
One person should manage the binding communication status
Agree with involved mediators or contracting parties who transmits which declaration and how responses are consolidated. Duplicate or contradictory commitments should not arise from a lack of coordination. This contribution decides neither on the effectiveness of a particular offer nor on a claim arising from a message. It helps you secure the legally important sequence before the economic selection.