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A buyer's agent in Alabama emails a signed purchase offer to the listing broker at 9:00 AM. The listing broker prints the offer and presents it to the seller at noon. The seller signs the acceptance at 1:00 PM and the listing broker emails the signed acceptance back to the buyer's agent at 2:00 PM. The buyer's agent opens the email at 3:00 PM and calls the buyer to confirm. At what point was a binding contract formed under Alabama law?

Correct Answer

D) At 2:00 PM, when the listing broker emailed the signed acceptance to the buyer's agent

A binding contract is formed when acceptance is communicated to the offeror or their authorized agent. The buyer's agent is the buyer's authorized representative for receiving communications. When the listing broker emailed the signed acceptance to the buyer's agent at 2:00 PM, acceptance was effectively communicated to the buyer's authorized agent, forming the contract at that moment. The buyer's agent's personal confirmation call to the buyer at 3:00 PM is not the operative event.

Answer Options
A
At 3:00 PM, when the buyer's agent personally confirmed with the buyer
B
At 1:00 PM, when the seller signed the acceptance
C
At 9:00 AM, when the buyer's agent emailed the signed offer to the listing broker
D
At 2:00 PM, when the listing broker emailed the signed acceptance to the buyer's agent

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Related Topics & Key Terms

Key Terms:

offer_and_acceptancecommunication_of_acceptanceauthorized_agentcontract_formation

Related Concepts

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.

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.

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.

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