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Under Hawaii law, a purchase contract for residential real property becomes binding on the seller when which of the following occurs?

Correct Answer

B) The seller signs the purchase contract and communicates acceptance to the buyer or buyer's agent

Under general contract law as applied in Hawaii, a binding contract is formed when the offeree (seller) accepts the offer and communicates that acceptance to the offeror (buyer) or the buyer's agent. Mere signing without communication of acceptance does not create a binding contract. This is a foundational principle consistently tested in Hawaii real estate contracts.

Answer Options
A
The buyer signs the purchase contract and delivers earnest money to the listing broker
B
The seller signs the purchase contract and communicates acceptance to the buyer or buyer's agent
C
The seller signs the purchase contract and the document is recorded at the Bureau of Conveyances
D
The buyer and seller both sign the purchase contract in the presence of a notary public

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Related Topics & Key Terms

Key Terms:

contract_formationacceptancepurchase_agreementbinding_contract

Related Concepts

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.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

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