Paralegal

Category - Judgement

The following conversation took place between Consuela, a paralegal, and Rita, the owner of Citywide Realty. Consuela’s employer has asked her to interview Rita about whether an enforceable contract was formed between Citywide and an office leasing company.

Consuela: Good morning, Rita. I understand we need to talk about the leasing company matter.
Rita: Good morning, Consuela. That’s right. I first started by calling Cal, the leasing agent for the office space on Main Street. I asked him if the space was still available and rental rate on a per-square-foot basis. I had done a walkthrough of the office with Cal about five months earlier, but decided I wasn’t ready to move out of my home office, so I didn’t lease at that time.
Consuela: What did he say?
Rita: Cal said it was available and that the asking price was $5.50 per square foot. He said he could offer it at that price for a total of 1,000 square feet. I then asked him if that included utilities and maintenance, and he said yes.
Consuela: What happened then?
Rita: Well that price was about $1.00 higher than when I did the walkthrough. I told him I didn’t like the asking price. He told me that vacancy rates had gone down, so the market price had gone up and that he couldn’t go any lower. I told him I’d think about it, but I had doubts about leasing at that price. That was the end of the call. A week later, Cal claimed we had entered a lease for the space.

Which of the following best identifies the key facts as described by Rita?
  1. Rita called Cal about the office space was on Main Street; Rita had done walkthrough five months earlier, but decided to continue working in her home office; Rita did not like current asking price; Rita said she’d think about it, but had doubts.
  2. The office space was on Main Street and the issue involves a potential lease; asking price was $5.50 per square foot for 1,000 square feet; price included utilities and maintenance; Cal stated decreased vacancy rates had increased the market price and that he could not go any lower; Cal claimed contract entered.
  3. The office space was on Main Street and the issue involves a potential lease; asking price was $5.50 per square foot for 1,000 square feet; price included utilities and maintenance; Rita did not like asking price; Rita said she’d think about it, but had doubts; Cal claimed contract entered.
  4. Rita called Cal about the office space was on Main Street; the office space was on Main Street and was still available; asking price was $5.50 per square foot for 1,000 square feet; price included utilities and maintenance; Cal claimed contract entered.
Explanation
Answer: C - The office space was on Main Street and the issue involves a potential lease; asking price was $5.50 per square foot for 1,000 square feet; price included utilities and maintenance; Rita did not like asking price; Rita said she’d think about it, but had doubts; Cal claimed contract entered. Answer C is the best choice because it best identifies the facts related to the formation issue. Answer A is not the best answer choice because it does not mention that the issue involves a potential lease, the asking price, and whether the price includes utilities and maintenance. Neither Answer B nor Answer D are the best choice because neither mentions that Rita did not like the asking price and had doubts.
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