Specifying a Time of Termination

Suppose that Brian conveys his offer to Brianna to buy her condo on July 18. He sends the standard form agreement for purchase of real estate filled out with the price of $399,000, and he states, "This offer will terminate at 5:00 pm on July 19." Brianna does not respond to the offer in any way to the offer until July 20, when she signs and returns the agreement.

Does Brianna succeed in accepting Brian's offer?

The relevant rule is that if an offer specifies a time by which it must be accepted, the offer terminates at that time. See Restatement (Second) Contracts ยง 41(1).

Brianna did not accept Brian's offer.

Brianna accepted Brian's offer.