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Under Maine law, a purchase and sale agreement for residential real property is considered legally binding when which of the following conditions is met?

Correct Answer

B) Both parties have signed the agreement and communicated acceptance to each other

Under Maine contract law and the Maine Real Estate Brokerage Act, a purchase and sale agreement becomes a binding contract when all parties have signed and acceptance has been communicated to the offeror. Both mutual assent (evidenced by signatures) and communication of that acceptance are required to form an enforceable contract.

Answer Options
A
The buyer has submitted a written offer and the seller has verbally accepted it
B
Both parties have signed the agreement and communicated acceptance to each other
C
The buyer has paid the earnest money deposit to the listing broker
D
The seller has signed the agreement and delivered it to the listing broker

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Related Topics & Key Terms

Key Terms:

contract_formationpurchase_and_sale_agreementstatute_of_fraudsmutual_assent

Related Concepts

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.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

An assignment of contract transfers one party's rights and obligations under a contract to a third party called the assignee. The original party, known as the assignor, transfers their contractual position to someone who was not originally part of the agreement.

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