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Is earnest money legally required for a valid real estate purchase contract?

Correct Answer

D) No, earnest money is customary but not legally required for contract formation; mutual promises provide consideration

Earnest money is customary but not legally required. Mutual promises of the buyer and seller provide adequate consideration for contract formation.

Answer Options
A
Yes, without earnest money the contract is void
B
Yes, the minimum amount is set by state law
C
No, but the contract must include a promissory note instead
D
No, earnest money is customary but not legally required for contract formation; mutual promises provide consideration

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Related Topics & Key Terms

Key Terms:

earnest_money_and_escrowcontractsrequirementconsideration

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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