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Marcus submits a written offer to purchase a home in Nashville for $320,000. Before the seller responds, Marcus calls his affiliate broker and says he wants to withdraw the offer. Which of the following statements is correct under Tennessee law?

Correct Answer

D) Marcus can withdraw the offer at any time before the seller's acceptance is communicated to him

Under Tennessee law, an offer may be revoked by the offeror at any time before acceptance is communicated. Until the seller's acceptance reaches Marcus (or his agent), no contract has been formed, and Marcus retains the right to withdraw his offer without penalty. This is a fundamental principle of contract law applied in Tennessee real estate.

Answer Options
A
Marcus cannot withdraw the offer because it is in writing and therefore irrevocable
B
Marcus must pay a penalty equal to the earnest money amount if he withdraws the offer
C
Marcus can only withdraw the offer if the seller has not yet signed it
D
Marcus can withdraw the offer at any time before the seller's acceptance is communicated to him

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Related Topics & Key Terms

Key Terms:

offer_revocationoffer_and_acceptancecontract_formationtennessee_contracts

Related Concepts

A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.

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.

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