Q: Can the court make me stay with a offer that was not accepted in court and instead ordered to keep communicating?
My ex wife were in court arguing over a boat that was to be sold following our divorce. The judge asked why it hasn’t been sold and then asked me if I would be willing to buy it at $11,000, I replied yes. The judge then asked if my ex would accept that and her lawyer said they will have to discuss and get back to me. The judge then ordered that we start to work together to come to a resolution on the boat issue. A week later my ex wife’s attorney sent a email stating that my ex has decided to accept my offer. In the week following court I decided I didn’t not want to buy her out but in turn would like to take possession of the boat and sell it.
My ex wife’s attorney said I was now in breach because I failed to follow through with my offer. Her lawyer has filed a motion to ask the court to make me stay with my offer and buy her out and cover my ex wife’s attorney fees.
The referee never said I had to stay with my offer she only stated that we need to continue working on it.
A:
I think you might be stuck and here's why:
As a matter of basic contract principles, what happened is that you made an offer when the judge asked whether you were willing to buy them out. That offer wasn't accepted immediately ("...they will have to discuss and get back to me..."). Once an offer is made, it's subject to acceptance unless it expires by it's terms (e.g., "you have to let me know by the end of the day.") or you revoke the offer (e.g., "on second thought, judge, I don't want to buy it.") Not seeing either of those situations apply by your question statement, and so I assume your ex wife's attorney is going to argue just what I laid out: an offer was made, they accepted, and now want specific performance.
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