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Under Maryland law, which of the following is required for a residential real estate purchase agreement to be legally enforceable?

Correct Answer

A) The agreement must be in writing and signed by both the buyer and the seller

Under Maryland's Statute of Frauds, contracts for the sale of real property must be in writing and signed by the parties to be bound in order to be enforceable. A purchase agreement that is signed by both buyer and seller satisfies this foundational requirement. The written, signed agreement creates a binding contract between the parties without the need for notarization, recording, or MREC approval.

Answer Options
A
The agreement must be in writing and signed by both the buyer and the seller
B
The agreement must be recorded in the county land records before the settlement date
C
The agreement must be approved by the Maryland Real Estate Commission before it takes effect
D
The agreement must be notarized by a Maryland notary public before it is binding on either party

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Related Topics & Key Terms

Key Terms:

statute_of_fraudscontract_enforceabilitywritten_agreementpurchase_agreementlegal_requirements

Related Concepts

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.

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.

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