Reference no: EM133278273

Question - Mandy returns from her holiday and finds a letter at her home. The letter has been sent by Mr Briars. The letter states that, in response to a recent advert posted by Mandy in her local estate agents, Mr Briars would like to offer to buy Mandy's house for £200,000. Mr Briars states in his letter that 'if Mandy doesn't reject his offer or if he doesn't hear anything back from Mandy at the end of one week from the post date of the letter' then Mr Briars will consider the house sold to him. Mandy looks at the post date of the letter and sees that one week has expired. Mandy calls the telephone number included in the letter and explains to Mr Briars that she was on holiday and that she will not accept £200,000 for the house. Mr Briars dismisses Mandy's argument and states that the house is his and if Mandy doesn't hand over the keys in 48 hours, Mr Briars 'will sue!'

Mandy approaches you for advice.

(a) Does the fact Mandy didn't respond mean that the house now belongs to Mr Briars? Explain your answer with reference to case law where necessary.

(b) Mandy decides to sell the house to Miss Kemp. Mandy meets Miss Kemp for a viewing of the house. They sit and have coffee and they agree that Miss Kemp will pay £250,000 for Mandy's house. Later that day Miss Kemp sees a modern flat that costs less and which would probably be more suitable. Miss Kemp speaks to Mandy on the telephone and tells her that she won't be buying the house. Mandy is furious and tells Miss Kemp that she already has plans and that they have entered a contract to sell the house. Advise Mandy if she and Miss Kemp have a contract for the sale of the house.

Explain your answer with reference to a stated case and any statutory provisions where necessary.