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A homeowner in Fresno receives an offer to purchase his property. The prospective buyer pays the homeowner $5,000 in exchange for the homeowner's promise to keep the offer open and irrevocable for 30 days while the buyer arranges financing. Under California law, what type of agreement has been created?

Correct Answer

B) An option contract, making the offer irrevocable for the 30-day period

Under California law, an option contract is created when an offeree (here, the prospective buyer) pays separate consideration to the offeror (the homeowner/seller) in exchange for the offeror's promise to keep an offer open and irrevocable for a specified period. The $5,000 payment is the consideration that supports the option. Unlike a standard offer — which can be revoked at any time before acceptance under Civil Code §1586 — an option contract binds the seller to hold the offer open for the full 30 days.

Answer Options
A
A right of first refusal, giving the buyer priority over other offers for 30 days
B
An option contract, making the offer irrevocable for the 30-day period
C
A bilateral purchase agreement conditioned on the buyer obtaining financing within 30 days
D
A unilateral contract that becomes binding only if the homeowner accepts a subsequent written offer

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Related Topics & Key Terms

Key Terms:

option_contractconsiderationirrevocable_offerunilateral_contract
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