A seller in Edina, Minnesota receives an offer. The seller accepts the offer and the buyer's agent communicates acceptance to the buyer on Thursday evening. On Friday morning, before the buyer has signed any additional documents, the seller calls the listing agent and says they have changed their mind and want to cancel. The listing agent advises the seller that cancellation may not be possible. Which of the following BEST explains the listing agent's advice?
Correct Answer
A) A binding contract was formed when acceptance was communicated to the buyer, and the seller cannot unilaterally cancel without potential legal consequences
Under Minnesota contract law, a binding contract was formed when the seller's acceptance was communicated to the buyer on Thursday evening. Once a contract is formed, neither party can unilaterally cancel without the other's consent or a valid contractual basis (such as an unfulfilled contingency). The seller's change of mind is not a valid basis for cancellation. Attempting to cancel could expose the seller to legal consequences, including a lawsuit for specific performance or breach of contract damages.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.
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.
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