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Under Nebraska law, which of the following is required for a real estate purchase agreement to be legally enforceable?

Correct Answer

A) The agreement must be in writing and signed by the parties to be charged

Under Nebraska's Statute of Frauds (Neb. Rev. Stat. § 36-105), contracts for the sale of real property must be in writing and signed by the party to be charged (or their authorized agent) to be enforceable. This is a foundational requirement for all real estate purchase agreements in Nebraska.

Answer Options
A
The agreement must be in writing and signed by the parties to be charged
B
The agreement must be filed with the Nebraska Real Estate Commission within 10 days
C
The agreement must be reviewed and approved by a licensed Nebraska attorney
D
The agreement must be notarized by a licensed Nebraska notary public

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Related Topics & Key Terms

Key Terms:

statute_of_fraudspurchase_agreementenforceabilitywriting_requirement

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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