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A seller in Vancouver, Washington accepts a buyer's offer and both parties sign the Purchase and Sale Agreement on Monday at 3:00 PM. The seller's broker delivers a signed copy to the buyer's broker at 5:00 PM that same day. The PSA states that the closing date is 'on or before 30 days from mutual acceptance.' When does the mutual acceptance occur in this transaction?

Correct Answer

B) When the buyer's broker received the signed copy at 5:00 PM on Monday

Under Washington contract law and the standard PSA form used in Washington transactions, mutual acceptance occurs when the last party to sign communicates acceptance to the other party — specifically, when the signed agreement is delivered to and received by the other party or their agent. In this scenario, mutual acceptance occurs at 5:00 PM Monday when the buyer's broker (acting as the buyer's agent) receives the signed copy from the seller's broker. This is the moment from which all time periods in the PSA are calculated.

Answer Options
A
When the seller first signed the agreement at 3:00 PM on Monday
B
When the buyer's broker received the signed copy at 5:00 PM on Monday
C
At midnight on Monday, the end of the day both parties signed
D
On Tuesday morning when the buyer's broker opens the office and reviews the document

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Related Topics & Key Terms

Key Terms:

mutual_acceptancecontract_formationdeliverytime_periodspurchase_and_sale_agreement

Related Concepts

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

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.

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