EstatePass
ContractsOffer_and_acceptanceHARD

A Virginia buyer's agent submits an offer on behalf of her client to purchase a home in Arlington. The listing agent calls back and says the seller will accept if the buyer agrees to allow the seller to remain in the property for 30 days after closing as a rent-free occupant. The buyer's agent verbally agrees on behalf of her client without consulting the buyer. The buyer later objects to this term. Under Virginia law, which statement is most accurate?

Correct Answer

D) The verbal agreement is not binding because real property contract modifications must be in writing, and the agent lacked authority to agree without client consultation

There are two independent reasons this verbal modification is not binding. First, Virginia's Statute of Frauds requires that modifications to real property contracts be in writing to be enforceable. Second, a buyer's agent does not have implied authority to agree to material contract modifications without consulting the client — doing so exceeds the agent's actual authority and may violate the agent's fiduciary duty of loyalty and obedience under Virginia license law. The buyer is not bound by the agent's unauthorized verbal agreement.

Answer Options
A
The verbal agreement is not binding solely because it was verbal, but the buyer's agent had authority to agree to this modification
B
The verbal agreement by the buyer's agent is binding because agents have implied authority to accept contract modifications on behalf of clients
C
The verbal agreement is binding because the listing agent relied on the buyer's agent's representation of authority
D
The verbal agreement is not binding because real property contract modifications must be in writing, and the agent lacked authority to agree without client consultation

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:

agent_authoritystatute_of_fraudscontract_modificationfiduciary_dutybuyer_agentoffer_and_acceptance

Related Concepts

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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