Case 4

S offered in writing to sell his house and lot for P1,000,000 to B on January 20, 2017. B
requested to give him one month to raise the amount. On January 25, 2017, S informed
B that he has raised the price to P1,200,000. Can B compel S to accept the payment of
P1,000,000 for the sale of the house and lot?
ANSWER:
No, B cannot compel S to accept the payment of 1,000,000 for the sale of house and
lot. Under Article 1324, when the offerer has allowed the offeree a certain period to
accept, the offer may be withdrawn at any time before acceptance by communicating
such withdrawal, except when the option is founded upon a consideration, as something
paid or promised. Here, B has not shown any form of acceptance yet with regards to the
offer and the case is not one with a consideration involved. Thus, B cannot compel S to
accept 1,000,000 instead of paying 1,200,000 for the sale of house and lot.