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Contracts

Purchase agreements, listing contracts, and contract law

200 questions10 concepts
Contracts β€” Study Card
Contracts study card infographic showing key concepts, exam weight (12%), and memory aids
AI-generated study card for Contracts. Covers 12% of the real estate exam.
Difficulty Breakdown
Easy56 (28%)
Medium95 (48%)
Hard49 (25%)
Study Tips for Contracts
  • β€’Four elements of valid contract: Competent parties, Mutual consent, Legal purpose, Consideration
  • β€’Statute of Frauds: real estate contracts MUST be in writing
  • β€’Know void (never valid) vs. voidable (can be canceled by injured party)
  • β€’Specific performance forces the sale; liquidated damages = keep earnest money

Learn this first β€” free lessons on Contracts

Key Concepts

Purchase Agreement / Sales Contract

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

Offer and Acceptance

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

Counteroffer

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Consideration

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Earnest Money Deposit

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Contingencies

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Inspection Contingency

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Financing Contingency

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

Appraisal Contingency

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

Contract Termination

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

Practice Questions

Attorney_review_in_standard_residential_contract_practice(31)

In September 2026, Rowan Keller is asked to tell the parties which side is more likely to win a contract-default lawsuit and whether they should sue. What is the most accurate answer under current Illinois rules?

MEDIUM

During a brokerage meeting in Springfield, Alex Griffin asks what happens if neither attorney sends a disapproval or proposed change during the standard review period. What is the best answer under current Illinois law or practice?

MEDIUM

In October 2026, Casey Diaz signed a standard Illinois residential contract that includes an attorney-review clause and asks how long the review window usually lasts under that standard form practice. What is the most accurate answer under current Illinois rules?

HARD

At a brokerage compliance review focused on attorney review in standard residential contract practice in Kane County, these statements are discussed. Each of the following statements is accurate under current Illinois law EXCEPT:

HARD

During an Illinois exam-prep session on attorney review in standard residential contract practice in Naperville, the instructor lists these reminders. Each statement below reflects the current Illinois rule EXCEPT:

EASY

During a brokerage meeting in Peoria, Alex Turner is using a standard Illinois residential purchase contract and asks whether the 5-business-day attorney-review concept is a universal Illinois statute that governs every real estate contract. What is the best answer under current Illinois law or practice?

MEDIUM

Which answer best states the Illinois rule on attorney review practice as tested in attorney review in standard residential contract practice?

HARD

Sawyer Iverson is reviewing an Illinois issue in Joliet. The person assumes that attorney review automatically replaces every inspection, appraisal, or financing deadline in a standard Illinois residential contract. Which statement best applies?

MEDIUM

Which statement best describes timely notice for Illinois broker practice in attorney review in standard residential contract practice?

MEDIUM

During a brokerage meeting in Rockford, Jordan Turner signed a standard Illinois residential contract that includes an attorney-review clause and asks how long the review window usually lasts under that standard form practice. What is the best answer under current Illinois law or practice?

EASY

Taylor Cole is reviewing an Illinois issue in Elgin. The person waits until after the attorney-review period ends to send the first written objection and asks whether the objection is still timely under the standard clause. Which statement best applies?

EASY

Riley Reed is reviewing an Illinois issue in Champaign. The person is asked to tell the parties which side is more likely to win a contract-default lawsuit and whether they should sue. Which statement best applies?

MEDIUM

Taylor Reed is reviewing an Illinois issue in Schaumburg. The person is using a standard Illinois residential purchase contract and asks whether the 5-business-day attorney-review concept is a universal Illinois statute that governs every real estate contract. Which statement best applies?

EASY

An Illinois buyer confuses the inspection process with the contractual attorney-review period. Which statement correctly explains the attorney-review rule?

MEDIUM

During a brokerage meeting in Oak Park, Casey Monroe is using a standard Illinois residential purchase contract and asks whether the 5-business-day attorney-review concept is a universal Illinois statute that governs every real estate contract. What is the best answer under current Illinois law or practice?

EASY

Avery Jenkins is reviewing an Illinois issue in Normal. The person asks what happens if neither attorney sends a disapproval or proposed change during the standard review period. Which statement best applies?

MEDIUM

Which answer best states the Illinois rule on review window as tested in attorney review in standard residential contract practice?

MEDIUM

During a brokerage meeting in Rockford, Hayden Lopez assumes that attorney review automatically replaces every inspection, appraisal, or financing deadline in a standard Illinois residential contract. What is the best answer under current Illinois law or practice?

MEDIUM

In February 2026, Jordan Hayes signed a standard Illinois residential contract that includes an attorney-review clause and asks how long the review window usually lasts under that standard form practice. What is the most accurate answer under current Illinois rules?

EASY

During a brokerage meeting in Normal, Quinn Diaz is asked to tell the parties which side is more likely to win a contract-default lawsuit and whether they should sue. What is the best answer under current Illinois law or practice?

HARD

+ 11 more questions

Breach_and_remedies(137)

A Colorado buyer terminated a purchase contract by timely exercising the inspection objection right under the CREC Contract to Buy and Sell Real Estate. The seller believes the termination was made in bad faith because the inspection report showed only minor issues. The seller refuses to release the earnest money. What is the correct analysis of this situation?

HARD

The contract states in advance that if the buyer defaults without excuse, the seller may retain the earnest money as the agreed remedy. What remedy provision is this?

EASY

James and Linda are under contract to purchase a Colorado Springs home using the CREC Contract to Buy and Sell Real Estate. The inspection deadline passed without James and Linda submitting an objection. Two days later, they discovered a significant foundation issue and want to terminate the contract. Under the CREC contract framework, which statement best describes their position?

MEDIUM

Mark contracts to buy a single-family home in Anaheim, California for $750,000 using a California RPA. After removing all contingencies, Mark discovers he cannot obtain financing and defaults. The contract includes a properly initialed liquidated damages clause. The seller retains the appropriate amount and relists the property. Three months later, the seller sells the home for $780,000. Can Mark recover any portion of the liquidated damages based on the seller's higher resale price?

MEDIUM

Maria signed the CREC Contract to Buy and Sell Real Estate to purchase a Denver home for $520,000 with $15,000 in earnest money. After all contingencies were satisfied, Maria refused to close without justification. The seller, frustrated, wants to force Maria to complete the purchase. Which remedy should the seller pursue?

EASY

A Colorado buyer submitted an offer using the CREC Contract to Buy and Sell Real Estate. The seller made a counteroffer changing the price and closing date. The buyer's broker verbally told the seller's broker that the buyer accepted the counter. Before anything was signed, the seller accepted a higher offer from another buyer. Is there an enforceable contract with the first buyer?

MEDIUM

Under Minnesota law, when a buyer defaults on a purchase agreement for residential real property and the seller retains the earnest money as liquidated damages, this remedy is generally considered to be what type of remedy?

EASY

A buyer and seller execute a California Residential Purchase Agreement for $520,000. The buyer deposits $15,000 as earnest money, and both parties properly initial the liquidated damages clause. The buyer subsequently defaults, and the seller retains the $15,000 deposit. The buyer challenges the liquidated damages amount in court. Under California Civil Code Β§1675, who bears the burden of proof, and why?

MEDIUM

Sarah is purchasing a rural Colorado property and wants to ensure that the water rights associated with the irrigation ditch on the property transfer to her at closing. The seller claims the water rights 'come with the land.' Under Colorado law, what must Sarah's broker advise?

EASY

A Minnesota real estate broker, Angela, received a written earnest money check of $6,000 from buyer Paul on a Monday. Under Minn. Stat. Ch. 82 and MN DOC rules, by when must Angela deposit the earnest money into her trust account?

EASY

A Tennessee purchase contract for a $180,000 home contains a liquidated damages clause stating that the earnest money of $5,400 is the seller's sole remedy for buyer default. The buyer defaults, and the seller's attorney argues that the liquidated damages clause is an unenforceable penalty because $5,400 is exactly 3% of the purchase price and was not a genuine attempt to estimate actual damages. The buyer's attorney argues the clause is valid. Under Tennessee law, which factor is most critical in determining whether the liquidated damages clause is enforceable?

HARD

In Tennessee, which equitable remedy allows a non-breaching party to compel the other party to actually perform their contractual obligations in a real estate transaction, rather than simply receiving monetary compensation?

EASY

Under the Colorado Foreclosure Protection Act (C.R.S. Β§ 6-1-1101 et seq.), which of the following is NOT a requirement imposed on an equity purchaser entering a contract with a homeowner in foreclosure?

MEDIUM

Broker David holds earnest money of $15,000 in his trust account for a transaction involving seller Maria and buyer Chen. The purchase agreement fell through, and both parties signed a mutual cancellation agreement but disagreed on who should receive the earnest money β€” the agreement was silent on earnest money disposition upon cancellation. Chen demands the full $15,000 back. Maria demands $5,000 as compensation for her carrying costs. David's supervising broker advises him to release $10,000 to Chen and $5,000 to Maria based on the broker's own assessment of fairness. Under Minn. Stat. Ch. 82 and MN DOC rules, which action should David take?

HARD

A Minnesota buyer, Grace, entered into a purchase agreement for a rural property. After signing, Grace discovered that the property had a non-compliant subsurface sewage treatment system (SSTS) that the seller had failed to disclose. The seller claims the non-disclosure was inadvertent. Under Minnesota law (Minn. Stat. Β§ 115.55) and the Residential Real Property Disclosure Act, which statement most accurately describes Grace's remedies?

MEDIUM

A seller breaches a residential purchase contract after accepting a higher competing offer. The original buyer seeks a court order compelling the seller to complete the sale rather than accepting monetary compensation. Which legal remedy applies, and what is its basis under California law?

MEDIUM

Under Michigan law, which of the following scenarios would most likely support a seller's claim for compensatory damages that exceed the earnest money deposit after a buyer's breach of a purchase agreement?

MEDIUM

Which of the following is NOT a way of classifying a party's breach of a purchase contract?

HARD

A buyer in California agrees to purchase a single-family home in Riverside for $680,000. The buyer deposits $25,000 as earnest money. The contract includes a liquidated damages clause per California Civil Code Β§1675. If the buyer defaults, what is the maximum amount the seller may retain as liquidated damages?

MEDIUM

Broker Lisa holds a $10,000 earnest money deposit in her trust account for a transaction that has fallen through. The buyer claims the seller breached the contract and demands the earnest money back. The seller claims the buyer breached and demands the earnest money be released to her. Both parties have submitted written demands to Lisa. Under Minn. Stat. Ch. 82 and Minnesota Department of Commerce rules, what is Lisa's most appropriate course of action?

MEDIUM

+ 117 more questions

Contracts: What You Need to Know

Contracts is one of the highest-weighted exam topics and covers the legal framework for real estate agreements. Since nearly every real estate transaction involves multiple contracts, this is both an exam essential and a practical necessity for your career.

Start with the four elements required for a valid contract: competent parties (legal age, sound mind), mutual consent (offer and acceptance), legal purpose, and consideration (something of value). The Statute of Frauds requires real estate contracts to be in writing to be enforceable β€” this is one of the most frequently tested concepts. Know the difference between valid, void, voidable, and unenforceable contracts.

Master the key contract types: purchase agreements (bilateral, executory contracts), listing agreements (exclusive right to sell, exclusive agency, open listing), option contracts (unilateral contracts giving the right but not obligation to buy), and lease agreements. Understand contingencies (financing, inspection, appraisal) and how they create conditions that must be met. For breach remedies, know specific performance (forcing the sale), liquidated damages (keeping the earnest money), rescission (canceling the contract), and monetary damages.

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