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A buyer and seller in Sumter, South Carolina, sign a written purchase agreement for a single-family home. The buyer's consideration is the promise to pay $245,000 at closing, and the seller's consideration is the promise to convey clear title. Before closing, the buyer has second thoughts and argues the contract should not be enforced because he did not receive anything of value at the time of signing. Which statement best addresses the buyer's argument under South Carolina law?

Correct Answer

D) The buyer is incorrect because a promise to perform in the future is sufficient consideration

Under South Carolina contract law, consideration does not need to be exchanged at the moment of signing. A promise to perform a future act — such as the buyer's promise to pay $245,000 at closing and the seller's promise to convey title at closing — constitutes valid executory consideration. Most real estate purchase agreements are bilateral executory contracts: both parties exchange promises, and those promises are the consideration that makes the contract binding.

Answer Options
A
The buyer is correct because consideration must be received at the time of contract signing
B
The buyer is correct because real estate contracts require a cash deposit at signing to be valid
C
The buyer is incorrect because the seller's past ownership of the property constitutes consideration
D
The buyer is incorrect because a promise to perform in the future is sufficient consideration

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Related Topics & Key Terms

Key Terms:

considerationexecutory_contractbilateral_contractfuture_performancesc_contracts

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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