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A buyer submits an offer on a property in Santa Barbara. The offer includes all essential terms. Before the seller responds, the buyer dies in an accident. Under California law, what happens to the offer?

Correct Answer

D) The offer is automatically terminated by operation of law upon the buyer's death

Under California Civil Code §1587, an offer is revoked by the death of the offeror before acceptance. The death of the buyer automatically terminates the offer by operation of law, and the seller cannot create a binding contract by accepting after the buyer's death.

Answer Options
A
The offer remains valid and the seller can still accept it, binding the buyer's estate
B
The offer remains valid for 30 days to allow the buyer's estate to be settled
C
The offer is transferred to the buyer's heirs, who must decide whether to proceed
D
The offer is automatically terminated by operation of law upon the buyer's death

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Related Topics & Key Terms

Key Terms:

offer_terminationdeath_of_offerorCivil_Code_1587operation_of_law

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

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.

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