In a private treaty sale, when does the contract become legally binding?
Correct Answer
C) When both parties have signed the contract and it has been exchanged or delivered.
A private treaty contract becomes binding once both parties have signed and the signed contract is exchanged (NSW) or delivered to the other party (most other states). Until then, either party can generally withdraw without penalty.
Why This Is the Correct Answer
A contract for the sale of land becomes binding when both parties have signed it and the signed contracts are exchanged or delivered, as the state's practice requires. Before that, either side can withdraw.
Why the Other Options Are Wrong
Deep Analysis of This Property Marketing Question
Background Knowledge for Property Marketing
Memory Technique
Exam Tip for Property Marketing
Real World Application in Property Marketing
Common Mistakes to Avoid on Property Marketing Questions
Related Topics & Key Terms
Key Terms:
More Property Marketing Questions
NSW Fair Trading serves an agent with a written notice asking for evidence that a price guide he gave buyers was reasonable. What happens if he ignores the notice?
A NSW agent told several buyers that a development application for the block next door had been withdrawn. A week later the vendor says it has been re-lodged. What should the agent do?
A NSW house was passed in at auction on the auctioneer's vendor bid of $1.4 million (invented). The next week the agent's online listing says 'Passed in at $1.4m, now for sale'. What is wrong with this?
A licensed agent is selling an investment unit that she owns herself, using her own agency. What must her advertisements for the unit disclose?
Two weeks into a campaign, strong buyer feedback shows an agent's recorded estimated selling price is no longer reasonable. What does the Act require when she revises it?
- → Tom plans to bid at a NSW house auction on behalf of his sister, who will instruct him by phone from Perth. Neither holds power of attorney. What must Tom do to bid for her?
- → An agent in NSW quotes a property at $800,000-$850,000 but sets the reserve at $900,000. Three weeks later, the agent receives feedback that most buyers are interested at $820,000-$840,000. What should the agent do to comply with underquoting legislation?
- → In NSW, a buyer signs a private treaty contract for an established home and changes their mind two days later. When can they withdraw, and at what cost?
- → An agent in NSW receives an offer on a property listed for private treaty sale. The agent knows of another buyer who previously expressed strong interest but hasn't yet made a formal offer. What is the agent's legal obligation regarding disclosure?
- → In NSW, if a property is passed in at auction, what are the vendor's immediate options?
- → In NSW, the auctioneer takes a bid on the vendor's behalf without announcing it as a vendor bid, and the property is then knocked down to a genuine bidder. What is the legal position?
- → On auction morning a NSW vendor tells the auctioneer she will text her reserve price once she sees how bidding goes. What do the auction conditions require?
- → A married couple intend to bid together at a NSW residential auction to buy the house jointly. What registration is required?
- → Before a NSW residential auction, the vendor asks the auctioneer to make two vendor bids if bidding stalls, both announced as vendor bids. What must the auctioneer tell the vendor?
- → A buyer arrives to register at a NSW residential auction with only her overseas passport, which does not show her address. What will allow her to register?
People Also Study
Property Law & Legislation
110 questions
Agency Practice & Law
138 questions
Contracts & Conveyancing
106 questions
Property Management
126 questions