Civil Law - Tuazon v. Del Rosario-Suarez, Et Al.. G.R. No. 168325, December 8, 2010
Civil Law - Tuazon v. Del Rosario-Suarez, Et Al.. G.R. No. 168325, December 8, 2010
This case involves an option contract and not a contract of a right of first refusal. An
option contract is entirely different and distinct from a right of first refusal in that in
the former, the option granted to the offeree is for afixed periodand at adetermined
price.It is clear that the offer embodies an option contract as it grants Roberto a fixed period of
only two years to buy the subject property at a price certain ofP37,541,000.00.
It is undisputed that Roberto did not accept the terms stated in the letter ofLourdesas
he negotiated for a much lower price. Robertos act of negotiating for a much lower
price was a counter-offer and is therefore not an acceptance of the offer ofLourdes.The
counter-offer of Roberto for a much lower price was not accepted byLourdes. There is therefore
no contract that was perfected between them with regard to the sale of subject property.Roberto,
thus, does not have any right to demand that the property be sold to him at the price for which it
was sold to the De Leons neither does he have the right to demand that said sale to the De Leons
be annulled.
The petition is DENIED and the decision of the CA is AFFIRMED.