EstatePass
ContractsOffer_and_acceptanceMEDIUM

James, a buyer in Broken Arrow, Oklahoma, makes an offer on a home with an acceptance deadline of noon on Thursday. The seller signs the acceptance at 11:45 AM Thursday but the seller's agent does not call James's agent until 1:00 PM Thursday. Under Oklahoma law, is there a binding contract?

Correct Answer

B) No, because acceptance must be communicated to the offeror before the deadline to be effective

Under Oklahoma contract law, acceptance is not effective until it is communicated to the offeror (or the offeror's agent). The seller's signing of the acceptance at 11:45 AM created an intent to accept but did not communicate that acceptance to James. Because the communication did not occur until 1:00 PM — after the noon deadline — the offer had already lapsed. There is no binding contract.

Answer Options
A
Yes, because the seller signed the acceptance before the deadline, which is sufficient to form a contract
B
No, because acceptance must be communicated to the offeror before the deadline to be effective
C
Yes, because the seller's agent communicated acceptance within a reasonable time after signing
D
No, because Oklahoma requires acceptance to be delivered in person to the buyer directly

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Contracts Question

Sign up free to unlock full analysis

Background Knowledge for Contracts

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Contracts

Sign up free to unlock full analysis

Common Mistakes to Avoid on Contracts Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

communication_of_acceptanceoffer_deadlinecontract_formationoffer_and_acceptance

Related Concepts

A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Was this explanation helpful?

More Contracts Questions

People Also Study

Related Articles

Contracts Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing