Reference no: EM133478152

Problem: Theresa S. Polk owned 181 acres of land in Polk County, and she listed the property for sale with a real estate agent at a sale price of $1,299,000. The following events transpired: January 24, 2005 - Avon made an offer to buy the property. February 2 and 3, 2005 - Polk rejected the offer and two made counteroffers with some differences. However, both provided that Avon had until 5 pm on February 7, 2005 to accept or reject them stating, "Seller counters Buyer's offer (to accept the counteroffer, Buyer must sign or initial the counteroffered terms and deliver a copy of the acceptance to the Seller by 5 p.m. on 2/7/05)." February 4, 2005: Avon made another offer which altered the material terms of the counteroffers. Polk did not respond to the February 4 offer, and Avon signed both of Polk's counteroffers and delivered them before the February 7 deadline. Avon also delivered a $25,000 deposit check to Polk's attorney who accepted the check but eventually wrote "VOID" on it instead of cashing it. When Polk refused to per her duties under the signed counteroffers, Avon filed a suit seeking specific performance. Was there a contract formed?