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Offer to conclude a contract. Offer agreement - types and conditions, validity period and acceptance

In a situation where one of the parties to the preliminary agreement avoids concluding the main agreement, you can apply to the court to compel it to conclude (clause 4 of Article 445 of the Civil Code of the Russian Federation). However, in order for the court to satisfy the requirements, it is necessary to promptly send a letter to the counterparty with a proposal to conclude the main agreement. The absence of certain elements in this document may lead to the fact that the court does not evaluate it as an offer to conclude an agreement and, as a result, refuses to satisfy the requirements for compulsion to enter into an agreement. That is why the subtleties of the content and wording of this document are of particular importance for practicing lawyers.

Checkpoints during registration

1. A proposal to conclude an agreement must be sent before the expiration of the period established for concluding the main agreement. As a rule, the parties independently set this period in the text of the preliminary agreement. If the term is not specified in the agreement, it is recognized that it is equal to one year from the date of conclusion of the preliminary agreement (Clause 4 of Article 429 of the Civil Code of the Russian Federation). If a company interested in concluding a main agreement does not send a proposal before the end of such a period, the obligations of the parties under the preliminary agreement will cease (clause 6 of Article 429 of the Civil Code of the Russian Federation). Thus, the offer to conclude an agreement will no longer be mandatory for acceptance by the other party. This means that a company that avoids signing an agreement cannot be forced to conclude it.

2. The offer must contain a specific proposal to conclude the main contract, so it is necessary to exclude any double interpretation of the letter. Thus, in one of the cases, the court decided that the plaintiff’s demands for compulsion to conclude an agreement cannot be satisfied, since, based on the literal meaning of the words and expressions contained in the letter, it follows that the defendant with this letter only reminded the plaintiff of the expiration of the period in which the parties had to conclude the main agreement (resolution of the Federal arbitration court Moscow District dated 07/06/09 in case No. A40-57031/07-89-416). Otherwise, the court may consider the letter vague and not qualify it as an offer (rulings of the Federal Arbitration Court of the Moscow District dated 06/02/10 in case No. A41-20618/09, the Ninth Arbitration Court of Appeal dated 10/19/10 in case No. A40-31192/ 10-91-204). It is better to use more precise and specific wording, for example, “we propose to conclude the main agreement” or “we are sending a draft main agreement for signing.”

3. Any offer, including a proposal to conclude a main contract in pursuance of a preliminary one, must contain all essential conditions(Clause 1 of Article 435 of the Civil Code of the Russian Federation). If the text of the letter does not contain essential conditions, it will not be considered an offer, which means that the court has the right to leave the claims without consideration due to the parties’ failure to comply with the pre-trial procedure for resolving the dispute (resolution of the Federal Arbitration Court of the Ural District dated 08.24.10 in case No. A50- 42453/2009).

4. In some cases, indicating the essential conditions in the text of the letter may not be enough, and a draft contract must also be attached to the proposal. For example, if an agreement can only be concluded by drawing up one document signed by the parties (in particular, when renting a building or structure (clause 1 of Article 651 of the Civil Code of the Russian Federation)). Thus, in one of the cases, the court did not regard the sending of a telegram with an offer to appear to conclude a contract for the purchase and sale of real estate as an offer to conclude an agreement and indicated that the obligations of the parties ceased, since neither party sent the draft agreement to the other party within the prescribed period ( Resolution of the Federal Arbitration Court of the Moscow District dated April 26, 2010 in case No. A41-22880/09).

What else to pay attention to

First point. It is important not only the timely sending of the offer, but also its receipt by the counterparty within the period established for concluding the main contract (resolution of the Seventh Arbitration Court of Appeal dated 06/03/09 in case No. A67-90/09). Since the offer binds the party that sent it from the moment it is received by the addressee, non-receipt (untimely receipt) of the offer entails termination of obligations under the preliminary agreement (clause 2 of Article 435 of the Civil Code of the Russian Federation, resolution of the Federal Arbitration Court of the North-Western District dated June 17, 2005 in case No. A56- 28245/04). Therefore, the courts find out exactly when the party avoiding concluding the contract received the offer. Moreover, the plaintiff, that is, the company that is interested in concluding an agreement, must prove the fact of receipt of the offer (resolution of the Tenth Arbitration Court of Appeal dated 03/05/07 in case No. A41-K1-22718/06).

The method of sending also matters: the court must be able to establish that the letter was sent and received by the addressee. Thus, for this reason, in one of the cases, a telephone message with a proposal to conclude an agreement was not accepted as evidence (resolution of the Federal Arbitration Court of the Ural District dated February 10, 2009 in case No. A50-7112/2008). It is better to hand over the letter to the representative of the counterparty in person (by courier) or send it by mail in advance.

When delivering a letter by courier, it is necessary for the counterparty to mark receipt of the letter on a second copy, which will be kept by the offeror.

When sending a letter by mail, it is recommended to select the option valuable letter with a description of the contents and a notification of delivery. The inventory is needed to confirm that it was a proposal to conclude an agreement (or a draft agreement with cover letter), and not other correspondence. A notification of delivery will allow you to establish the date of receipt of the letter by the counterparty. It is for this reason that the shipping receipt by registered mail the court may consider it insufficient evidence: it does not allow one to find out what kind of correspondence was sent and whether the counterparty received the letter (resolution of the Federal Arbitration Court of the East Siberian District dated March 18, 2010 in case No. A78-3886/2009).

Second point. The company with which the preliminary agreement has been concluded, after receiving the offer, must respond by sending a notice of acceptance (of refusal to accept) or a protocol of disagreements to the draft agreement within thirty days from the date of receipt of the offer (clause 1 of Article 445 of the Civil Code of the Russian Federation). The party that sent the offer and received notice of its acceptance on other terms (protocol of disagreements to the draft agreement) has the right to submit disagreements that arose during the conclusion of the agreement to the court for consideration within thirty days from the date of receipt of such notice or the expiration of the period for acceptance (clause 1 Article 445 of the Civil Code of the Russian Federation, resolution of the Ninth Arbitration Court of Appeal dated 03.08.10 in case No. A40-157625/09-157-1144).

Acceptance of the offer (acceptance).

The party making the offer is called the offeror. The recipient is the acceptor.

Chapter 28 art. 402-413.

Article 402. Basic provisions for concluding an agreement

1. An agreement is considered concluded if an agreement is reached between the parties in the form required in appropriate cases on all the essential terms of the agreement.

Essential are the conditions on the subject of the contract, the conditions that are named in the legislation as essential, necessary or mandatory for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.

2. An agreement is concluded by sending an offer (offer to conclude an agreement) by one of the parties and its acceptance (acceptance of the offer) by the other party.

Article 403. Moment of conclusion of the contract

1. The contract is recognized as concluded at the moment the person who sent the offer receives its acceptance.

2. If, in accordance with the legislation, the transfer of property is also necessary for the conclusion of an agreement, the agreement is considered concluded from the moment of transfer of the relevant property (Article 225).

3. Contract subject to state registration, is considered concluded from the moment of its registration, and if notarization and registration are necessary - from the moment of registration of the agreement, unless otherwise provided by legislative acts.

4. An agreement concluded on an exchange is considered concluded from the moment determined by the legislation regulating the activities of such an exchange or the rules in force on the exchange.

Article 404. Form of agreement

1. An agreement may be concluded in any form provided for transactions, unless a specific form is established for agreements of this type by this Code and other acts of legislation.

If the legislation does not require a notarial form for this type of agreement, but the parties agreed to conclude it in such a form, then the agreement is considered concluded from the moment it is given a notarial form.



If the legislation does not require a written (simple or notarial) form for this type of contract, but the parties agreed to conclude it in simple written form, then the contract is considered concluded from the moment it is given a simple written form.

2. An agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents through postal, telegraphic, teletype, electronic or other communications that make it possible to reliably establish that the document comes from a party to the agreement.

3. The written form of the agreement is considered to be complied with if the written proposal to conclude an agreement is accepted in accordance with paragraph 3 of Article 408 of this Code.

Article 405. Offer

1. An offer is a proposal addressed to one or more specific persons, which is sufficiently specific and expresses the intention of the person who made the offer to consider himself to have entered into an agreement with the addressee who will accept the offer.

The offer must contain the essential terms of the contract.

2. The offer binds the person who sent it from the moment it is received by the addressee. If the notice of withdrawal of the offer was received earlier or simultaneously with the offer itself, it is considered not received.

Article 406. Irrevocability of an offer

An offer received by the addressee cannot be withdrawn within the period established for its acceptance, unless otherwise specified in the offer itself or follows from the essence of the offer or the situation in which it was made.

Article 407. Invitation to make offers

2. A public offer is recognized as a proposal containing all the essential terms of the contract, from which the will of the person making the offer can be seen to conclude an agreement on the terms specified in the proposal with anyone who responds.

Article 408. Acceptance

1. Acceptance is the response of the person to whom the offer is addressed regarding its acceptance.

Acceptance must be complete and unconditional.

2. Silence is not acceptance, unless otherwise follows from legislation or agreement of the parties.

3. The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided legislation or not specified in the offer.

Article 409. Revocation of acceptance

If notice of the revocation of acceptance was received by the person who sent the offer earlier or simultaneously with the acceptance itself, the acceptance is considered not received.

Article 410. Conclusion of a contract on the basis of an offer containing a deadline for acceptance

When the offer specifies a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer within the period specified in it.

Article 411. Conclusion of a contract on the basis of an offer that does not contain a deadline for acceptance

1. When a written offer does not specify a period for acceptance, the contract is considered concluded if the acceptance is received by the person who sent the offer before the end of the period established by law, and if such a period is not established, within the time normally required for this.

2. When an offer is made orally without specifying a period for acceptance, the contract is considered concluded if the other party immediately declares its acceptance.

Quite often in advertising on TV or online you can hear the words “not a public offer” or “accept a public offer.” As a rule, there is no clear understanding of the legal nature of the offer, and it is not entirely clear what it means to “accept the offer.”

In Russian civil legislation, it is defined this way: an offer that is sent to one person or group of persons. Moreover, such an offer contains some initial terms of the contract, and if the citizen accepts the offer, he is considered to have entered into such an agreement.

Thus in simple words, an offer is an offer of certain conditions from the seller to the buyer (product or service), which is sent in writing or orally. When a buyer purchases a product, he accepts the offer, and therefore all the terms of this agreement.

That's why we're talking about about a transaction in which 2 parties participate:

  • the offeror is the seller himself, represented by a firm, company and any other legal entity, as well as an individual entrepreneur or private person;
  • the addressee is the buyer, who is also called the acceptor (English accept - accept); the addressee can also be any party - as individual, and so is the company.

The buyer's agreement with the terms of the offer is called acceptance - this is what he gives to the seller when purchasing a product or service. Acceptance is given in writing or orally (for example, by telephone).

It turns out that an offer is not a contract, but an offer to conclude it under certain conditions. When the addressee accepts an offer, it means that he agrees to these terms. In this case, each party receives its own advantages:

  1. The seller receives assurance that the buyer has accepted the offer by agreeing to the terms of the contract in advance.
  2. The buyer receives a guarantee that during the entire validity period of the offer, the seller will no longer be able to change the conditions of his offer: price, promotion conditions, quantity of goods, etc., even if it becomes unprofitable for him. That is why very often sellers play it safe and say: “Offer is not public offer,” thereby removing any obligations.

There are several types of offers, the classification of which depends on the number of persons to whom the offer is addressed. However, all offers are characterized by several common features:

  • such a proposal always reflects the parties’ intentions to enter into an agreement;
  • all essential terms of the contract that the parties intend to conclude in the future;
  • description of the subject of the transaction: names of goods and/or services, their description, price;
  • an important feature of any type of offer is the presence of a certain period that is given to the buyer to make a final decision (during this time the seller does not have the right to withdraw the offer of the product);
  • an offer is always targeted - it is directed to a specific circle of individuals or legal entities.

Offer and contract

All of the above conditions allow us to see many similarities between the offer and any agreement that is drawn up during the transaction. Therefore, they often say: “offer agreement” or “public offer agreement,” which is not entirely correct. The reason is that an offer is an offer to enter into a contract under certain conditions and for a specific period of time; and any contract is an agreement that the parties sign at the moment.

PLEASE NOTE. Often when making a purchase of an expensive product (for example, household appliances, phones, cars, etc.) the buyer signs several documents without looking. Some of them may contain the word “offer”. You need to understand this in such a way that when signing, the citizen has already agreed to the terms of the future agreement, so you should carefully look at what exactly you are signing.

Examples of offers from everyday life

Any 2 citizens, companies, public associations– i.e. both individuals and legal entities.

Offer in the store

If you think about it, every citizen is faced with an offer several times a day. By entering a store and purchasing a product, you give the seller your consent in advance to the terms of the purchase and sale agreement that is expected to be concluded between you. Legally, this consent is expressed in the fact that you purchase a product of established quality, weight, volume at a certain price.

That is why, if at the checkout it turns out that the price on the receipt does not correspond to the one indicated on the price tag, the buyer has every right to demand that the goods be sold to him exactly according to the data on the price tag. Otherwise, the seller violates his offer.

The price tag is a guarantee that all information provided about the product is reliable. Ideally, the reverse side should bear the store’s seal and the signature of the person in charge, since the price tag is not just paper, but a full-fledged legal document.

Offer in advertising offers and product catalogs

Another example is catalogs with products, as well as advertising, which contains a disclaimer that the specified promotion relates to an offer. A special clause may also be included stating that the advertising offer does not apply to the offer. There are also cases where a comment is made that the offer is only valid while the product is in stock. Sellers thus insure themselves against undesirable consequences.

Loan agreement with the bank

And finally, another common option is an offer that the bank often offers to clients. If a citizen applies for a loan, he is first asked to sign an application for consideration of the relevant application. And it states that the client, in case of a positive decision by the bank, already gives his acceptance (consent) to the terms of the loan agreement in advance.

Types of offer

The most famous type of offer is public. However, along with it there are several other, less common types:

  • hard;
  • irrevocable;
  • free.

The types of offers differ in who they are addressed to, as well as in the features of their implementation in practice.

Public offer

The name of this offer explains its essence: this is an offer that is addressed to a large, fundamentally unlimited circle of people. For example, a store offers to buy any product at a certain price to any person - regardless of his age, citizenship, etc.

A public offer is characterized by several features:

  • most often the offer is formulated orally, and the buyer does not have to sign additional documents to accept the offer: for example, the buyer simply pays for the goods and receives a check in return;
  • the buyer is any person;
  • A public offer is the most common form of advertising on the Internet, on television, catalogs and in regular stores.
  1. As an offer – i.e. with a guarantee of validity of the proposed conditions until a specific date.
  2. Not an offer - without any guarantees (classic promotion).

Firm offer

Such an offer is made from one seller (private citizen or legal entity) to one buyer. Those. the circle of persons is clearly defined and consists of 1 addressee, who can also be an individual or legal entity. Similar view The agreement is called firm because a number of specific conditions are met:

  • the offer specifies a specific product or service;
  • The validity period of the offer is always agreed upon in advance;
  • If the buyer has given his consent, then the transaction is considered automatically completed – i.e. The purchase and sale agreement is no longer signed.

Irrevocable offer

In many cases, the offeror can only withdraw his offer until the buyer has accepted it. Those. Before the purchase is made, the seller may change the terms of his offer. However, in some cases, the document immediately contains an indication that such an opportunity is not provided, and the offer will be valid irrevocably.

Most often, an irrevocable offer is implemented through the interaction of firms and individual entrepreneurs. For example, if a company ceases to exist due to bankruptcy, its founders send out an offer to commercial partners to buy the company. This offer is valid for an indefinite period - until the company is bought.

Free offer

Such a proposal is very common in cases where a company enters a new market (or a new region of presence). Wanting to explore possible consumer demand, the company sends an offer to specific recipients. Any of them can purchase a product or buy a service, and the seller is obliged to fulfill his promise. Based on the number of responses, the seller judges the market opportunities.

Unlike a public offer, a free offer is addressed to specific companies or individuals, and not to an unlimited circle of buyers.

How to make an offer

An offer made in writing essentially represents commercial offer seller potential buyer. However, the offer has the legal force of a contract if the buyer signs it. When drawing up such an agreement, it is always indicated that it is an offer. It is also important to indicate contact details and other necessary information:

  1. Exhaustive, reliable information about the product or service that is supposed to be sold (name, characteristics, quantity, cost, etc.).
  2. Methods of concluding a transaction (signing an agreement).
  3. Methods of transferring funds for a purchase, indicating the relevant contacts and details of the seller (cash, non-cash).
  4. Responsibility for possible violation of the offer.

You can create the form yourself, since unified form No.

OFFER TO MAKE A DEAL

(offer) The price at which a seller wants to sell something. If his offer is accepted (acceptance of the offer), a contract is concluded that has legal force. Under the law, an offer is distinguished from an invitation to treat, which is an invitation by one person or firm to others to make an offer. An example of an invitation to a transaction would be the display of goods in a store window. See also: offer price; quotation.


Finance. Explanatory dictionary. 2nd ed. - M.: "INFRA-M", Publishing House "Ves Mir". Brian Butler, Brian Johnson, Graham Sidwell and others. General editor: Ph.D. Osadchaya I.M.. 2000 .


See what “OFFER TO CONCLUSION OF A DEAL” is in other dictionaries:

    - (offer) The price by announcing which the seller communicates his intention to sell. If his offer is accepted (acceptance of the offer), a contract is concluded that has legal force. According to the law, the offer is different from... ... Dictionary of business terms

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    - (bid) 1. The price at which the buyer is ready to conclude a deal. If the seller has made an offer, the price of which the buyer considers too high, he can offer more low price(or more favorable conditions). Having received an offer... ... Dictionary of business terms

    - (bid) 1. The price (often called the bid price) at which the market maker is willing to buy shares: the lower of the two prices quoted on the TOPIC screens in electronic system information about prices on London... ... Financial Dictionary

    buyer's offer- 1. The price (often called the bid price) at which the market maker is willing to buy shares: the lower of the two prices quoted on the TOPIC screens in the electronic information system ... Technical Translator's Guide

    Offer- an offer to conclude a deal; in certain cases, the acceptance of a firm written offer replaces the signing of a contract... A brief dictionary of basic forestry and economic terms

    An offer to enter into an agreement addressed to one or more specific persons, which contains the essential terms of the agreement and expresses the intention of the person. who has made an offer, consider himself to have entered into an agreement with the addressee, who will be... ... Encyclopedia of Lawyer

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Public offer constitutes an offer to join contractual relations, addressed to a wide range of people. About what relates to public offer and what actions offer are not considered, will be discussed in this article.

Definition of offer: how to say it in simple words

Offer By Civil Code of the Russian Federation is defined as an offer to complete a transaction addressed to one or more persons (individuals or legal entities). Depending on the type of contract proposed for conclusion, the offer can be ordinary and public.

What is it - a public offer - in simple words? This is an offer made to an unlimited and at the same time indefinite number of addressees. Anyone can accept such an offer. Form offers coincides with the form of the transaction being made, that is, it is possible both orally and in writing.

In commercial practice offer is often a draft agreement sent interested person potential counterparty. Sometimes they say that this is an offer agreement. However, it can also be in the form business letter- in this case, the draft agreement is developed by the parties after reaching agreement on all points. Example of an offer in everyday life there may be, for example, an address from the owner summer cottage to a neighbor about selling surplus vegetables. Or contacting a friend with an offer to give away an item for temporary use (baby stroller, sled, etc.).

What legal requirements must be met? offer? Let us list the main provisions about the offer of the Civil Code of the Russian Federation:

  • offer is of a certain nature and clearly expresses the intention of the offeror (initiator of contractual relations) to conclude a transaction;
  • sent to one or several entities at once;
  • denotes all the essential terms of the future agreement (i.e. those without which this type transactions cannot be formalized): for example, for a sales agreement, the condition of the sale of the object will be essential, and for a contract agreement - the conditions of the work performed and the indication of the deadline for its completion;
  • offer received by the addressee cannot be recalled during the period of time provided for giving a response to it (however, in the most offer the admissibility of its revocation may be stipulated).

If the subject who received offer, she is completely satisfied, he can accept it (for example, sign the received draft agreement, send a response letter of consent to formalize the transaction, actually begin execution of the agreement). Silence does not equate to acceptance GK offers RF. According to the code, acceptance is required to conclude a contract, but the opposite practice is also found among entrepreneurs.

How to prepare an offer?

A written proposal to conclude a transaction is sent both at the initiative of the offeror himself and in response to a request from the other party. It may be in the form:

  • a detailed draft agreement, which contains even minor details;
  • a letter containing the most important conditions under which cooperation is possible;
  • a message that indicates only the essential terms of a future transaction.

A business letter with a proposal to formalize a transaction includes the following components:

  • a header in which the addressee's details are indicated;
  • outgoing number and date;
  • details of the letter to which the response is given (if offer sent in response to someone’s question about the possibility of cooperation);
  • title;
  • appeal (if the document is addressed personally to the manager);
  • body offers(this part of the document lists the conditions under which the author of the letter agrees to execute the contract);
  • signature of the sender indicating his full name and position.

For information sample offer posted on this page.

Sample offer letters to conclude contracts for the provision of services and supplies

Proposal to conclude a service agreement (form)

offer)

______________________________________________

(name of organization)

" "___________ 20__ No. ____

On concluding a service agreement

We invite you to enter into a service agreement

___________________________________________________________________

under the following conditions:

1) __________________________________________________________________;

2) __________________________________________________________________;

3) __________________________________________________________________.

We are waiting for your response until “___” _______________ 20 __.

Don't know your rights?

Offer for supply of products (form)

______________________________________________

(position of the addressee - who is intended offer)

______________________________________________

(name of organization)

" "___________ 20__ No. ____

on No. ________ dated ""___________ 20__

About product delivery

Thank you for your request dated " "_________ 20__ and we inform you that we can offer you _____________________________ in the quantity of _______________.

(product name)

Quality: _______________.

Package: _______________.

Price: _______________.

Delivery time: _______________.

Terms of payment: _______________.

This offer is valid until " "_________ 20__.

Sincerely, __________________________________________________________

(position, signature and full name of the addressee)

(Name of organization, seal)

In what cases is a public offer used to conclude a contract?

A special type of this document is public offer. This term refers to an offer to conclude a transaction addressed to an indefinite number of subjects. The law names the following signs public offer:

  • contains the essential terms of the expected transaction;
  • from its text it is obvious that any person who applies can enter into a contractual relationship.

If an advertisement for the sale of goods or the provision of services directly states that it concerns only certain categories of citizens, then such a message public offer doesn't count.

It should be noted that public offer can be presented not only in written or oral form, but also in the form of certain actions. So, displaying goods in trading floor, on display cases and counters, placing catalogs of goods or their descriptions in a store is also considered a public offer to buy these items at retail. The named actions are offer even in cases where the seller has not indicated the price of the product offered.

An example of a public offer to conclude a contract is information posted on the website of an online store:

  • about the assortment;
  • product prices;
  • terms and procedure of payment and delivery;
  • guarantees and responsibility of the store.

Sometimes such information expressly reflects that it is offer.

Why do advertisements include the note “not a public offer”?

The law says that general rule advertising offer is not recognized. This is quite logical, because the purpose of advertising is to present goods and services in a favorable light, and not to convey to consumers all the conditions for their purchase.

However, if the text of the advertisement includes all the essential terms of the future contract, then the advertisement is considered offer. And if such an advertising offer is designed for all persons who responded, then it is public offer.

Offer obliges the person who made it to enter into an agreement precisely on the conditions that were specified in it. For example, if we are talking about selling a refrigerator a certain model at a price of 15 thousand rubles, then it can no longer be put up for sale at a different price. Therefore, advertisers, as a rule, are not interested in the advertising they distribute having signs offers.

In this regard, it is often advertisements the phrase “ is not public offer”—in this way, advertisers expect to leave themselves an escape route. In fact, adding this note does not play a significant role, since the legislator does not give the right, even with the help of such a clause, to turn advertising, which is offer, into advertising that is not such.

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