A Kansas listing broker receives a written purchase offer via email at 9:00 AM Monday. The seller is traveling and the broker cannot reach them until Tuesday. On Monday at 2:00 PM, the buyer's agent sends a written revocation of the offer. On Tuesday at 8:00 AM, the listing broker reaches the seller and presents the offer — unaware the revocation email had arrived. The seller immediately accepts. Under Kansas law, is there a binding contract?
Correct Answer
C) No, because the revocation was communicated to the listing broker, who acts as the seller's agent for purposes of receiving communications
Under Kansas agency law and BRRETA, a listing broker acting as the seller's agent is the seller's authorized representative for purposes of receiving communications related to the transaction. When the buyer's agent sent the written revocation to the listing broker at 2:00 PM Monday, that communication was legally effective as delivery to the seller — even though the seller was not personally aware of it and the broker had not yet forwarded it. Because the revocation reached the seller's agent before the seller's acceptance was communicated back to the buyer, the offer was effectively revoked and no binding contract was formed.
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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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