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A South Dakota seller accepts a buyer's offer but then receives a higher offer from another buyer. The seller is legally obligated to:

Correct Answer

B) Honor the first accepted contract

Once a seller accepts an offer, a binding contract is formed. The seller is legally obligated to honor that contract. Accepting a second offer would constitute a breach of the first contract, potentially exposing the seller to legal action.

Answer Options
A
Accept the higher offer
B
Honor the first accepted contract
C
Notify the first buyer and allow them to match the price
D
Cancel both offers and relist the property

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Related Topics & Key Terms

Related Topics:

backup-offersbreach-of-contractbinding-agreementspecific-performance

Key Terms:

binding contractacceptancebackup offerbreachhonor the contract

Related Concepts

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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.

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.

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