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Is there any legal argument or case law that supports that a request for better terms is not a rejection and counter offer?

San Diego, CA |

A service provider offered a partial refund for unsatisfactory services via email in exchange for confidentiality of my negative experience. I emailed back asking if they would be willing to consider a full refund and went ahead and accepted/signed the written refund agreement attached to the provider's offer email when I didn't get any response.
Is my request a rejection of the offer and is there any legal support/case law to debate that it isn't?

Attorney Answers 1


  1. You did indeed reject the offer by making a counteroffer. By thereafter signing the refund agreement it offered, you made a new offer, which the provider has no obligation to accept.

    The Uniform Commercial Code has modified the rule in offers for the sale of goods, but that doesn't have any relevance to this transaction.