A buyer, Jean, submits a Promise to Purchase for a house in Sherbrooke. The seller, Sophie, wishes to accept the price but wants to change the occupation date from August 1st to September 1st. What is the correct way for Sophie to proceed to ensure a legally binding agreement?

Question: A buyer, Jean, submits a Promise to Purchase for a house in Sherbrooke. The seller, Sophie, wishes to accept the price but wants to change the occupation date from August 1st to September 1st. What is the correct way for Sophie to proceed to ensure a legally binding agreement?

Answer options:

• Sign the Promise to Purchase, but make a handwritten note next to the occupation date indicating 'September 1st'.
• Refuse the initial Promise to Purchase and prepare a new Promise to Purchase with the desired occupation date for Jean to sign. ✅ Issue a Counter-Proposal incorporating the change to the occupation date for Jean to accept.
• Accept the Promise to Purchase and then negotiate the occupation date change after the contract is formed.

Correct answer: Issue a Counter-Proposal incorporating the change to the occupation date for Jean to accept.

Explanation: Any modification to an essential element of a Promise to Purchase constitutes a new offer, which must be made through a Counter-Proposal for the original offeror to accept, as per OACIQ forms and principles of contract formation.