What is a "counteroffer"?

A counteroffer is defined as a response to an initial offer that includes modified terms. This means that the party receiving the original offer does not fully accept its conditions but rather proposes a new set of terms for negotiation. By making a counteroffer, the original offer is effectively nullified, as the terms have changed. This process allows both parties to negotiate and reach a mutually agreeable contract.

The distinction between a counteroffer and other types of responses is critical in contract law. For example, if someone simply accepts the original offer without changes, that is not a counteroffer but rather an acceptance, moving the transaction forward. Similarly, a formal withdrawal of the original offer or asking for more information does not introduce new terms but rather either ends the negotiation or seeks clarification. Thus, a counteroffer plays a pivotal role in the negotiation process, paving the way for further discussions and potential agreement.