Defendant bid on plaintiffs' mortgage loan portfolio in an online auction, and the bid was accepted. The bid form provided that the sale is "subject to a mutually acceptable Purchase and Sale agreement, which will be subject to negotiation, but substantially in the form of the agreement posted to the [bidding Web] site." The bid form provided space for the bidder to add conditions, and defendant added several, including: "a mutually acceptable mortgage loan sale and servicing...
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