VERBAL OFFERS IN COOPERATIVE PRINCIPLE

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CHAPTER III VERBAL OFFERS IN COOPERATIVE PRINCIPLE

3.1 The Definition of Verbal Offers Basically, verbal offer consists of two words, that is verbal and offer. Verbal adj is relating to, or associated with words: a detailed verbal description. It is concerned with words only rather than with content or ideas. It expressed in spoken rather than written words; oral Wikipedia, 2005:1. According Password Dictionary 2003: 552 verbal adj is consisting of, or concerning spoken words. Verbal adj is relating of spoken, not written Oxford Dictionary, 2003: 478. Verbal has been used since the 16 th century to refer to speak, as opposed to write. Communication and the usage cannot be considered incorrect. But, because verbal may also mean “by linguistic mean”, it may be ambiguous in some context. Thus, he phrase “modern technologies for verbal communication” may refer only to devices such as the telegraph, the teletype, and the fax machine. In such context it may be clearer to use the word oral to convey the narrower sense of communication by spoken means. Meanwhile, offer V, N, Tr is say that you are willing to do something for somebody or give something to somebody, or make something available or provide the opportunity for something and the act of offering to do something or give something to somebody Oxford, 2003:295. When we are ready to make an offer to a seller or to the agent involved, do not offer more than we can afford. The offer should be clearly outline all terms Universitas Sumatera Utara 33 and conditions of the sale, including our name and the name of the party to whom the offer is made, the property’s address, any special provisions regarding fixtures, appliances, etc, the total amount of the purchase price being offered including the amount of deposit you are putting down to bind the offer and the additional deposit to be paid upon the execution of the purchase and sale agreement, and any additional riders and deadline dates. Preparing the Offer When you are ready to make an offer to a seller or to the agent involved, do not offer more than you can afford. The offer should clearly outline all terms and conditions of the sale, including your name and the name of the party to whom the offer is made, the propertys address, any special provisions regarding fixtures, appliances, etc., the total amount of the purchase price being offered including the amount of deposit you are putting down to bind the offer and the additional deposit to be paid upon the execution of the Purchase and Sale Agreement, and any additional riders and deadline dates. An Accepted Offer The seller may accept, reject or counter your offer. If there is a counter- offer, you may in turn accept, reject or counter. The negotiations between you and the seller could go on for several days and may be stressful at times. One way to mitigate stress during the negotiations is to involve a broker to mediate the process. It is important to remember that regardless of the progress of your negotiations, the house remains on the market during negotiations Universitas Sumatera Utara 34 Tips for Successful Negotiations When negotiating the price of a home with the seller, you must analyze all of the relevant factors and determine who has the stronger bargaining position. Potential factors include market activity, location and timing. If the local market is active with many other buyers interested in the home, the seller may have the better position. If your local market is not active and the seller needs to sell the home, you may be in a better position to negotiate. For negotiating tips, Provisions and contingencies can protect your interests in case any unforeseen problems or delays arise between having your offer accepted and closing your mortgage. Provisions and contingencies may be inserted by either the buyer or the seller. The question of whether a communication constitutes an offer can be significant. An offer may bind the offerer to the terms offer if the recipient of the offer responds by accepting the offer and giving the offerer a partial payment. If the offerer accepts the payment, a deal has been struck, and the offerer is legallly obligated to follow through on the agreement. If the offerer fails to fulfill the terms of the offer, the offeree may seek a remedy in court. An offer is a communication that gives the listener the power to conclude a contract. The general is that it must be reasonable under the circumstances for the recipient to believe that the communication is an offer. The more definite the communication, the more likely it is to constitute an offer. If an offer spells our such terms as quantity, quality, price, and the time and the place of delivery, a court may find that an offer was made. For example, if a merchant sats to a Universitas Sumatera Utara 35 customer, “ I will sell you a dozen high-grade widgets for 100 each to be delivered to your shop on December 31”, a court would likely find such a communication sufficiently definite to constitute an offer. On the other hand, a statement such as “I am thinking of selling some widgets” would probably not be labeled an offer. If an offer indicates that it will terminate within a certain period of time, it cannot be accepted after the time has expired. The passage of a reasonable length of time may automatically terminate an offer. The determination of a reasonable length of time depends on the circumstances surrounding the offer. For example, if a wholesaler contacts a retailer offering to sell perishable product, the retailer cannot wait six weeks and then accept the offer. For example, if the usual practice in the lumber business is a response time of less than two weeks, the offerer may refuse to honor the offer if the recipient of the offer does not respond within that time period. Universitas Sumatera Utara 36 3.2 The Definition on Non-Verbal Offer Non-Verbal adj is relating to, or associated with gesture: a detailed non- verbal description. It is concerned with only act rather than with utterances. It relates to the lack using of language and involving little use of language in communication. From the definition of verbal and nonverbal offers above, we can find out the differences between verbal and non verbal offers, namely: Verbal Offers Non-Verbal Offers Using spoken or oral communication Using gestures Concerned with words rather than numbers Concerned with numbers rather than words More in verbal skill Lack Involving more use of language Involving little use of language Universitas Sumatera Utara 37

CHAPTER IV A PRAGMATIC ANALYSIS OF VERBAL OFFERS BY VENDORS IN