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wishy washy seller

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(a) an offer that must be CERTAIN;(b) and an acceptance that must be UNQUALIFIED and ABSOLUTE.

I told him that we were now selling our condo unit. Since he was still interested in buying it, I offered it to him at P2 million. He said that he will call back once the deed of sale and managers check were ready.

He called my husband while I was away.

In April 2009, she told me that they finally found a house. She asked if I was still interested in buying their condo unit. When I told her I was, she informed me that they were giving it for P2 million. Q: Did you accept the offer? A: Yes. I said that Ill call back once the deed of sale and managers check were ready. Q: When did the deed and payment become ready?

He said that he already signed the deed of sale and that he already has the managers check. When I told him that I already changed my mind, he said that we will just talk about it when I get back.

Argument 1: There is an invalid offer and acceptance since there was no meeting of the minds between the offer and acceptance. Pascual said, I will buy it should they finally decide to sell it. The offer was subject to a suspensive condition. When Anna offered to sell, Pascual responded with a counter-offer, that Ill call back once the deed of sale and managers check were ready. Not an unqualified acceptance.

The written disposition of wife is needed as provided in Article 96/124.

Article 96/124 - In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.

Jurisprudence: Jader-Manalo v. CamaisaThe law requires that the disposition of a conjugal property by the husband as administrator in appropriate cases requires the written consent of the wife, otherwise, the disposition is void.

Anna, being aware of the negotiations of the contract is not tantamount to giving consent, where there must be a meeting of the minds of the offer and acceptance

1319 The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.