An acceptance of an offer for a property in Beaumont was sent by email by the buyer's real estate associate to the seller's real estate associate at 4:55 PM on April 15, 2024. The offer stipulated that it was irrevocable until 5:00 PM on April 15, 2024. The seller's associate did not check their email until 5:05 PM. Has valid acceptance occurred?

Question: An acceptance of an offer for a property in Beaumont was sent by email by the buyer's real estate associate to the seller's real estate associate at 4:55 PM on April 15, 2024. The offer stipulated that it was irrevocable until 5:00 PM on April 15, 2024. The seller's associate did not check their email until 5:05 PM. Has valid acceptance occurred?

Answer options:

• No, because the acceptance was not actually seen by the seller's associate before 5:00 PM.
• Yes, because the acceptance was sent to the seller's associate before the irrevocability period ended.
• No, the buyer had to ensure the seller's associate confirmed receipt before 5:00 PM. ✅ Yes, provided the email was delivered to the seller's associate's server before 5:00 PM.

Correct answer: Yes, provided the email was delivered to the seller's associate's server before 5:00 PM.

Explanation: In general contract law, and often applied to electronic communications like email, acceptance is typically effective when it is communicated to the offeror (or their agent). For email, this usually means when the email arrives in the recipient's inbox or server, not necessarily when it is actually read, provided the email address is correct and functioning. The 'receipt rule' for electronic communications is a key point in determining effective communication of acceptance.