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A buyer's agent in Wisconsin presents an offer on behalf of her client to purchase a duplex in Oshkosh. The seller's agent calls the buyer's agent on Tuesday afternoon and states, 'The seller has accepted your client's offer.' No written confirmation is sent until Thursday. Under Wisconsin law, when was the contract formed?

Correct Answer

D) No contract was formed because Wisconsin requires written acceptance of all real estate offers

Wisconsin requires that acceptance of an offer to purchase real estate be in writing and communicated to the offeror or the offeror's agent — oral notification of acceptance does not form a binding real estate contract under Wisconsin's Statute of Frauds (Wis. Stat. § 706.02).

Answer Options
A
Thursday, when the written confirmation of acceptance was delivered to the buyer's agent
B
Tuesday, when the seller's agent orally communicated acceptance to the buyer's agent
C
When the seller signed the acceptance, regardless of when the buyer's agent was notified
D
No contract was formed because Wisconsin requires written acceptance of all real estate offers

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Related Topics & Key Terms

Key Terms:

offer_and_acceptanceoral_acceptancecontract_formationagent_communicationstatute_of_frauds

Related Concepts

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.

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.

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