What this section covers: Types and required elements of contracts, Contract performance, breach and remedies, Sales contracts, earnest money, options, installment contracts, Agency: types, creation, termination, duties to clients and customers.
5 free practice questions
Click an answer: you see at once whether it is right, with the explanation.
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Question 1An option contract, in which only the seller is bound until the buyer decides to buy, is an example of a:
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Answer: C — Unilateral contract.
A unilateral contract is a promise by one party only. In an option, the optionor (owner) must sell if the optionee chooses to buy, but the optionee has no obligation to buy. A purchase contract, with promises on both sides, is bilateral.
Checked against: National outline IV.A.2 Unilateral vs. bilateral; IV.D.6 Option contract
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Question 2A 17-year-old signs a contract to buy land. In most states, the contract is:
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Answer: D — Voidable by the minor.
Parties must be legally competent. A contract signed by a minor is generally voidable at the minor's option: the minor may cancel it, but the adult party is bound if the minor chooses to go ahead.
Checked against: National outline IV.B.3 Legally competent parties; IV.C.3 Voidable vs. unenforceable
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Question 3A buyer offers $300,000. The seller answers that she will sell for $310,000. The buyer refuses. The next day the seller says she will take the $300,000 after all. Is there a contract at $300,000?
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Answer: A — No: the seller's counteroffer terminated the buyer's offer, so the seller is now making a new offer the buyer may accept or reject.
A counteroffer rejects and ends the original offer. The seller cannot revive the buyer's $300,000 offer by accepting it later; her statement is a new offer, and there is a contract only if the buyer accepts it.
Checked against: National outline IV.D.1 Offer and counteroffer
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Question 4What is the main purpose of an earnest money deposit in a purchase contract?
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Answer: B — It shows the buyer's good faith and may serve as damages if the buyer defaults.
Earnest money shows the buyer's good faith. The contract may provide that the seller keeps it as liquidated damages if the buyer defaults. It is not required for validity: mutual promises are enough consideration.
Checked against: National outline IV.D.2 Earnest money and liquidated damages
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Question 5A seller dies one week into a six-month exclusive listing. What happens to the listing agreement?
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Answer: C — It terminates, because the death of the principal ends the agency.
An agency relationship ends by operation of law on the death or incapacity of either the principal or the broker. The estate's representative would have to sign a new listing.
Checked against: National outline IV.F Creation and termination of agency
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