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A buyer submits an offer on a Colorado Springs home using the CREC Contract to Buy and Sell Real Estate, with an acceptance deadline of 5:00 PM on Friday. The seller signs the contract at 4:45 PM on Friday but the listing broker does not communicate acceptance to the buyer's broker until 6:30 PM. Which of the following is correct?

Correct Answer

D) No binding contract exists because acceptance was not communicated before the deadline

Under Colorado contract law and the CREC Contract to Buy and Sell Real Estate, an offer expires if acceptance is not communicated to the offeror by the stated deadline. Even though the seller signed before 5:00 PM, the acceptance was not communicated to the buyer's broker until 6:30 PM — after the deadline. Therefore, no binding contract was formed, and the offer lapsed.

Answer Options
A
A binding contract exists because the delay was only 90 minutes past the deadline
B
No binding contract exists because the listing broker, not the seller, must sign acceptance
C
A binding contract exists because the seller signed before the deadline
D
No binding contract exists because acceptance was not communicated before the deadline

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Related Topics & Key Terms

Key Terms:

acceptance_deadlinecommunication_of_acceptanceoffer_expiration

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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