View Single Post
  #7  
Old 06-07-2004, 11:50 PM
seizeliberty
 
Posts: n/a
Acceptance for value

I don't think my acceptance is conditional. Here is the body of the accepance letter I have:



I received your offer, dated _______________, and did not find a check (Replevin Bond) enclosed; therefore, I am accepting your offer and returning your money order (offer) for settlement of this account. This serves as Notice that this account is accepted for value and that this property is exempt from levy.



Please perform the month-end closing immediately on this account and make the necessary adjustments and then provide me with a Certificate of Release. Please adjust this account for the proceeds, products, accounts and fixtures and all good and valuable considerations and release the order(s) to me immediately.



Additionally, since this proceeding may involve a dispute of title, please identify for me the person who is the fiduciary Debtor and who is the fiduciary Creditor of this account. I am requesting your taxpayer ID, please complete and return the IRS Form W-9 enclosed and provide me with my copy of the IRS Forms 1099-OID and 1099 INT for this account to enable me to identify the principles from which the interest was taken and returned.




UCC 2-207 (1) says: "A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms."



Also, I have read (I'm trying like hell to remember where) that, stating in an acceptance, terms that were otherwise only implied in the offer does not constitute a conditional acceptance nor creates a counter-offer. In this situation, it is implied that the offeror has title and this is simply not the case. Hence, the request for the IRS forms.



My acceptance is unconditional.

Reply With Quote