📝 Withdrawal of Offer (WOO) – Form Overview

The CAR Withdrawal of Offer form (WOO, Rev. 6/24) is used when a party (typically a buyer or seller) wants to formally withdraw an offer or counteroffer before it is accepted. This protects the withdrawing party from inadvertently entering into a binding contract.

🔍 Questions & Explanations

  1. When should I use the Withdrawal of Offer form?

Explanation: Use the form only before the offer or counteroffer has been accepted. Once acceptance is delivered, a binding contract is formed and cannot be withdrawn with this form.

  1. Can an offer be withdrawn verbally, or must it be in writing?

Explanation: While legally an offer can be withdrawn verbally before acceptance, it’s best practice to use Form WOO for a clear, documented record of withdrawal to prevent disputes.

  1. Who can use the Withdrawal of Offer form?

Explanation: Either the buyer or seller (or their agents) may use this form to withdraw:

  • An original offer
  • A counteroffer
  • A backup offer
    …provided it has not yet been accepted.
  1. Can a buyer withdraw their offer after the seller signs it?

Explanation: No, if the seller has signed and delivered the acceptance, a binding contract exists and withdrawal is no longer valid. Timing and delivery are key.

  1. Does the form require the other party’s signature?

Explanation: No, the form is a unilateral notice — it does not require the recipient’s signature to be effective. It just needs to be delivered to the other party.

  1. How is the withdrawal delivered?

Explanation: It must be delivered in writing (email, electronic delivery, fax, in person, etc.) per the communication methods agreed upon in the offer. Document delivery for your records.

  1. Can this form be used to withdraw a backup offer?

Explanation: Yes, a buyer who submitted a backup offer can use Form WOO to revoke that backup offer at any time before the seller accepts it.

  1. What’s the difference between withdrawing and rejecting an offer?

Explanation:

  • Withdrawal is done by the party who made the offer/counteroffer before it’s accepted.
  • Rejection is done by the receiving party, indicating non-acceptance of the terms.
  1. Does the form cancel an existing contract?

Explanation: No. This form only withdraws an unaccepted offer. If there’s already a signed contract, you would need a cancellation form such as CAR Form CC (Cancellation of Contract).

  1. Can a seller withdraw a counteroffer using this form?

Explanation: Yes, as long as the buyer has not yet accepted the counteroffer. The seller may use WOO to cancel their counter.

  1. What version of the form should I be using?

Explanation: Use the most current version, which as of now is the 6/24 revision. Outdated versions may not reflect legal or procedural updates.

  1. Do I need broker or office approval before sending the form?

Explanation: Many brokerages require review before any legal notice is delivered. Always check with your broker or compliance department before sending.

  1. How do I document that the withdrawal was received?

Explanation: Best practice is to request:

  • Acknowledgment of receipt
  • Email read receipts
  • Or deliver via DocuSign with timestamp

This protects against disputes over timing.

  1. What happens if the withdrawal and the acceptance cross paths?

Explanation: Timing matters. If the acceptance was delivered before the withdrawal was received, the offer may already be binding. This may lead to legal disputes, so document timestamps carefully.

  1. Is there a legal cooling-off period for withdrawing offers?

Explanation: No automatic cooling-off period exists in residential real estate transactions in California. You must withdraw before acceptance, or the offer becomes enforceable.