52 questions

Contracts

Which of the following is an essential element required for a real estate contract to be valid?

  • a.Payment of the full purchase price at signing
  • b.A licensed attorney's signature
  • c.A notary seal on every page
  • d.Mutual assent (offer and acceptance) between competent parties✓

A valid contract requires competent parties, mutual assent (offer and acceptance), consideration, a lawful object, and (for real estate) a writing under the statute of frauds. Attorney signatures, notarization of every page, and full payment at signing are not required.

Contracts

A buyer signs a purchase agreement and deposits earnest money, then backs out without a valid contingency. What is the most likely consequence?

  • a.The buyer automatically recovers triple damages
  • b.The seller may keep the deposit as damages✓
  • c.The listing broker personally keeps the deposit
  • d.The seller must still convey the property free

Earnest money shows the buyer's good faith. If the buyer defaults without a contractual escape, the seller may be entitled to retain the deposit as liquidated damages, subject to the contract's terms. The broker does not personally keep escrowed funds.

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