Can an offer to buy land be accepted at a price that includes tax arrears, costs and interest?
Alberta, Canada
The following excerpt is from Samek v. Black Tusk Energy Inc., 2000 ABQB 684 (CanLII):
If the purported “acceptance” is not unequivocal, but rather conditional, the communication amounts to a counter-offer, to which the original offeror may respond. In North Vancouver v. Tracey (1903), 1903 CanLII 26 (SCC), 34 S.C.R. 132, it was held that there was no contract where an offer to buy land at a price that would include a payment of the tax arrears and costs was purportedly accepted by the vendor at a price that included the payment of tax arrears, costs, and interest. According to the court, the vendor’s response amounted to a counter-offer.
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