Offeror vs. Offeree — What's the Difference?
By Tayyaba Rehman — Updated on September 18, 2023
The "Offeror" is the party making an offer, while the "Offeree" is the party to whom the offer is made. Both terms are used in contract law to define roles in an agreement.
Difference Between Offeror and Offeree
Table of Contents
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Key Differences
"Offeror" and "Offeree" are terms that come from contract law. The "Offeror" is the individual or entity that presents an offer, while the "Offeree" is the person or group to whom the offer is directed.
When a transaction or agreement is being negotiated, the "Offeror" proposes the terms, conditions, or actions they are willing to undertake. Conversely, the "Offeree" is the one who will decide whether to accept, reject, or counter the proposal presented by the "Offeror."
The relationship between the "Offeror" and the "Offeree" is crucial for establishing contractual relationships. The "Offeror" initiates the contract formation process, whereas the "Offeree" has the power to finalize it by accepting.
In certain situations, the roles of "Offeror" and "Offeree" can switch. If the original "Offeree" counters the proposal, they effectively become the "Offeror" of a new proposal. Meanwhile, the original "Offeror" then becomes the "Offeree" for this counteroffer.
Understanding the distinction between the "Offeror" and the "Offeree" is fundamental for determining liabilities, obligations, and rights in an agreement. While the "Offeror" sets the stage, the "Offeree" holds a significant decision-making power.
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Comparison Chart
Role in Agreement
Presents the offer
Receives the offer
Action
Proposes terms and conditions
Decides on accepting, rejecting, or countering the offer
Position in Contract
Initiator
Decision-maker
Switch of Roles
Can become an Offeree if a counteroffer is presented
Can become an Offeror by presenting a counteroffer
Liabilities/Rights
Sets the conditions of the offer
Holds the right to accept or decline the offer
Compare with Definitions
Offeror
The party suggesting terms in an agreement.
The Offeror listed the property at a favorable price.
Offeree
The individual or entity to whom an offer is directed.
The Offeree considered the job proposal carefully.
Offeror
A proposer of conditions in a deal.
As the Offeror, she laid out the payment plan.
Offeree
The party deciding on an offer's acceptance or rejection.
The Offeree was unsure about the contract's terms.
Offeror
The source of a specific proposition.
The Offeror's generosity in the settlement was appreciated.
Offeree
The recipient of terms in a contractual relationship.
The Offeree had the final say in the agreement.
Offeror
The individual or entity presenting an offer.
The company, as the Offeror, proposed a merger.
Offeree
The one approached with a particular proposition.
The property's price appealed to the Offeree.
Offeror
The initiator in a contractual relationship.
The Offeror awaited a response to the business proposal.
Offeree
The decision-maker regarding a presented offer.
The Offeree opted to negotiate further before accepting.
Offeror
To present for acceptance or rejection; proffer
Offered me a drink.
Offeree
A person to whom an offer to enter into a contract has been made
Has the offeree unequivocally accepted this offer?
Offeror
To put forward for consideration; propose
Offer an opinion.
Offeree
One to whom an offer is made.
A unilateral contract consists of a promise on the part of the offeror and performance of the requisite terms by the offeree.
Offeror
To present in order to meet a need or satisfy a requirement
Offered new statistics in order to facilitate the decision-making process.
Offeror
To present as an act of worship
Offer a prayer.
Offeror
To propose as payment; bid
Offered only half what I was asking for the car.
Offeror
To make available; afford
The situation offers us the opportunity to learn more.
Offeror
To present for sale
Those boots are being offered at half price.
Offeror
To provide; furnish
A hotel that offers conference facilities.
Offeror
To exhibit readiness or desire (to do something); volunteer
Offered to carry the packages.
Offeror
To engage in; put up
Partisans who offered strong resistance to the invaders.
Offeror
To threaten
Offered to leave without them if they didn't hurry.
Offeror
To produce or introduce on the stage
The repertory group is offering two new plays this season.
Offeror
To present an offering in worship or devotion.
Offeror
To make an offer or proposal, especially of marriage.
Offeror
To present itself
"This plan was dropped, because of its risk, and because a better offered" (T.E. Lawrence).
Offeror
(Baseball) To swing at a pitch. Used of a batter.
Offeror
The act of offering
An offer of assistance.
Offeror
Something, such as a suggestion, proposal, bid, or recommendation, that is offered
Did you accept his offer for the car?.
Offeror
(Law) A proposal that if accepted constitutes a legally binding contract.
Offeror
The condition of being offered, especially for sale
Thousands of bushels of wheat on offer.
Offeror
One who makes an offer to another.
A unilateral contract consists of a promise on the part of the offeror and performance of the requisite terms by the offeree.
Acceptance of the offer terminates the power of revocation that the offeror ordinarily has.
Offeror
Someone who presents something to another for acceptance or rejection.
Offeror
Someone who presents something to another for acceptance or rejection
Common Curiosities
Can roles switch between the Offeror and Offeree during negotiations?
Yes, roles can switch, especially if counteroffers are involved.
Who has the final decision in accepting an offer?
The Offeree has the final decision.
Is the Offeror always bound by their offer?
Not always. Some offers can be revoked before the Offeree accepts.
Who holds more power, the Offeror or the Offeree?
Both have power—the Offeror in setting terms and the Offeree in deciding on them.
Can the Offeror withdraw the offer after the Offeree accepts?
No, once accepted, the offer typically becomes a binding agreement.
Are these terms used only in formal legal contracts?
While common in legal contexts, they can be used in any situation involving an offer.
Can there be multiple Offerees for a single offer?
Yes, an offer can be made to multiple parties.
Can an Offeree modify the offer?
An Offeree can't modify it but can present a counteroffer.
Does every offer require an Offeror and an Offeree?
Yes, for an offer to exist, both roles are essential.
Who initiates the offer in an agreement?
The Offeror initiates the offer.
Who has the responsibility to communicate acceptance?
The Offeree must communicate acceptance for it to be valid.
Is it mandatory for the Offeror to reiterate an offer if the Offeree asks?
No, the Offeror is not obligated to repeat or restate their offer.
Is the Offeror always a single individual or entity?
No, the Offeror can be a group or consortium.
Can the Offeree ask questions about the offer before accepting?
Yes, the Offeree can seek clarifications or additional information.
Can an Offeree reject an offer and later accept it?
Generally, once rejected, an offer can't be later accepted unless the Offeror re-extends it.
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Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
