Michigan Real Estate Salesperson Exam — All Questions
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Which of the following is an essential element required for a real estate contract to be valid?
- a.Mutual assent (offer and acceptance) between competent parties✓
- b.A licensed attorney's signature
- c.A notary seal on every page
- d.Payment of the full purchase price at signing
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.
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 receives triple damages
- b.The seller must still convey the property for free
- c.The listing broker keeps the entire deposit personally
- d.The seller may be entitled to the earnest money as damages under the contract✓
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.