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A seller agrees to sell a property for $300,000 and the buyer agrees to pay that amount. Both parties sign the agreement, but no earnest money is exchanged. Is there valid consideration?

Correct Answer

D) Yes, because the mutual promises to buy and sell constitute consideration

Mutual promises constitute valid consideration. The buyer's promise to pay and the seller's promise to convey title provide the exchange of legal value needed.

Answer Options
A
No, because earnest money is required for consideration
B
Yes, but only if the contract is notarized
C
No, because only money counts as consideration
D
Yes, because the mutual promises to buy and sell constitute consideration

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Related Topics & Key Terms

Key Terms:

contract_essentialscontractsconsiderationmutual_promises

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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