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Tom, an Oregon broker working under Principal Broker Linda, presents a buyer's offer of $380,000 on a Eugene property. The seller responds with a written counteroffer at $395,000. The buyer verbally tells Tom he accepts the $395,000 price. Tom relays this to the listing agent. Has a binding contract been formed?

Correct Answer

C) No, because Oregon requires real estate purchase contracts to be in writing to be enforceable under the Statute of Frauds.

Oregon's Statute of Frauds (ORS 41.580) requires contracts for the sale of real property to be in writing and signed by the party to be charged in order to be enforceable. A verbal acceptance of a counteroffer for real property does not satisfy this requirement, and no binding, enforceable contract is formed regardless of the parties' verbal intent.

Answer Options
A
Yes, because verbal acceptance relayed through agents is sufficient under Oregon law.
B
Yes, because the buyer's intent to accept was clearly communicated to the seller's agent.
C
No, because Oregon requires real estate purchase contracts to be in writing to be enforceable under the Statute of Frauds.
D
No, because the buyer must accept directly through the listing agent without using a buyer's broker.

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Related Topics & Key Terms

Key Terms:

statute_of_fraudswritten_contractcounteroffer_acceptanceoregon_broker

Related Concepts

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

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