Real Estate Sales Real Estate Contracts 1 Flashcards

A seller accepts a buyer's offer verbally but refuses to sign the written contract. Which legal principle makes this contract unenforceable?

Answer: The Statute of Frauds

The Statute of Frauds requires real estate contracts to be in writing and signed by the parties to be enforceable. A verbal acceptance alone cannot create a binding real estate contract regardless of the parties' intent.

What does the term 'earnest money' represent in a real estate purchase contract?

Answer: A good-faith deposit demonstrating the buyer's intent to purchase

Earnest money is a deposit made by the buyer to demonstrate serious intent to purchase. It is held in escrow and applied toward the purchase price at closing, but it is not the same as the down payment and may be refundable depending on contract contingencies.

A real estate contract contains a time is of the essence clause. What is the legal significance of this provision?

Answer: Failure to perform by the specified dates may constitute a material breach

A 'time is of the essence' clause makes all dates and deadlines in the contract strictly binding. Missing a deadline — such as the closing date or inspection period — can be treated as a material breach, potentially allowing the non-breaching party to terminate the contract and seek damages.

What is the primary purpose of a contingency clause in a real estate purchase agreement?

Answer: To make the contract binding only if certain specified conditions are met

A contingency clause makes the buyer's (or seller's) obligation to complete the transaction conditional upon a specific event occurring, such as a satisfactory home inspection, loan approval, or the sale of the buyer's current home. If the condition is not met, the contract can typically be voided without penalty.

A buyer and seller enter into a valid purchase contract. The seller later discovers another buyer willing to pay more. If the seller sells to the higher bidder, what remedy may the original buyer seek?

Answer: Specific performance, compelling the seller to complete the original sale

Because real estate is considered unique property, courts may grant specific performance — a remedy that compels the breaching seller to actually complete the sale under the original contract terms. This remedy is available in real estate transactions because monetary damages are often considered inadequate.

Which of the following best describes a bilateral real estate contract?

Answer: A contract where both the buyer and seller exchange promises and are mutually obligated

A bilateral contract involves an exchange of promises between two parties, each of whom is legally bound to perform. In a standard purchase agreement, the buyer promises to pay and the seller promises to convey title — making it bilateral. This is distinct from a unilateral contract, where only one party makes a binding promise.