A Kansas buyer's agent, working under a written buyer agency agreement governed by BRRETA, submits an offer on behalf of her client. The listing agent calls and says the seller will accept if the buyer removes the home inspection contingency. The buyer's agent, without consulting her client, verbally agrees to the modification on the client's behalf. Under Kansas law, is the modification binding on the buyer?
Correct Answer
A) No, because material modifications to a real estate contract must be in writing under the Kansas Statute of Frauds
Under the Kansas Statute of Frauds (K.S.A. 33-106), contracts for the sale of real estate — and material modifications to such contracts — must be in writing to be enforceable. The buyer's agent's verbal agreement to remove the home inspection contingency is a material modification and is not binding on the buyer because it was not made in writing. Additionally, the agent acted without client authorization, further undermining the modification's validity.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
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.
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