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ContractsOffer_and_acceptanceEASY

Under New Jersey contract law, which of the following best describes the moment a real estate contract becomes legally binding?

Correct Answer

B) When both parties have signed the contract and communication of acceptance has been received by the offeror

Under New Jersey contract law, a binding contract is formed when there is a valid offer, an unqualified acceptance, and that acceptance is communicated back to the offeror. Mutual assent — evidenced by offer and acceptance — is the foundational requirement. Until the offeror is notified of acceptance, no binding contract exists.

Answer Options
A
When the buyer submits a written offer with earnest money to the seller
B
When both parties have signed the contract and communication of acceptance has been received by the offeror
C
When the seller's attorney reviews and approves the signed contract
D
When the listing broker delivers the signed contract to the buyer's broker

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Related Topics & Key Terms

Key Terms:

offer_and_acceptancecontract_formationmutual_assentnj_contracts

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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