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Which statement about consideration in a California real estate purchase contract is correct?

Correct Answer

A) Mutual promises suffice: the buyer's promise to pay and the seller's promise to convey support the contract

Civil Code section 1605 defines consideration as any benefit conferred, or agreed to be conferred, upon the promisor, or any prejudice suffered or agreed to be suffered by the promisee. Mutual promises satisfy that test, so a purchase agreement binds both sides the moment the buyer promises to pay and the seller promises to convey, before any money changes hands. Courts ask whether consideration exists, not whether the bargain was a good one, and no deposit is needed to form the contract.

Answer Options
A
Mutual promises suffice: the buyer's promise to pay and the seller's promise to convey support the contract
B
Consideration must be money; a promise to perform services or to convey other property will not support it
C
Consideration must be roughly equal in value on both sides, or a court will refuse to enforce the contract
D
The buyer's earnest money deposit is the only thing that can serve as consideration for the contract
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Related Topics & Key Terms

Related Topics:

contract-formation-elementsenforceable-real-estate-contractscontract-voidable-issues

Key Terms:

considerationCalifornia Civil Code 1605contract elementsbilateral contractlegal value

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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