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Sarah is purchasing a residential property in Bismarck, North Dakota. The seller's agent presents her with a written purchase agreement. Sarah signs the agreement but the seller has not yet signed. At this point in the transaction, the purchase agreement is best described as:

Correct Answer

A) A unilateral offer that can be accepted or rejected by the seller

A purchase agreement signed by only one party (the buyer) constitutes a unilateral offer, not a binding contract. Under North Dakota contract law consistent with NDCC Chapter 47-10, a bilateral contract requires mutual assent — meaning both parties must sign. Until the seller signs and communicates acceptance, the document is merely Sarah's offer, which the seller may accept or reject.

Answer Options
A
A unilateral offer that can be accepted or rejected by the seller
B
A binding bilateral contract enforceable against both parties
C
A void contract with no legal effect under North Dakota law
D
A voidable contract that Sarah may rescind without consequence

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Related Topics & Key Terms

Key Terms:

offer_acceptancemutual_assentpurchase_agreementbilateral_contract

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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.

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