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ContractsOffer_and_acceptanceHARD

A seller in Kenosha accepts two separate offers on the same property on the same day — one from Buyer A and one from Buyer B — without disclosing the competing offer to either party. Both buyers have signed contracts with earnest money deposited. Under Wisconsin law, which of the following best describes the seller's situation and the likely outcome?

Correct Answer

B) The seller has breached both contracts and may face disciplinary action; both buyers may pursue legal remedies including specific performance or damages

Under Wisconsin law, a seller who accepts two offers on the same property has entered into two binding contracts and is in breach of at least one — and potentially both. Both buyers have legally enforceable contracts, and each may pursue remedies including specific performance (compelling the sale) or monetary damages. Additionally, a licensed real estate agent involved in facilitating dual acceptances without disclosure could face disciplinary action by the Wisconsin REEB under Chapter 452 for dishonest or fraudulent conduct.

Answer Options
A
Both contracts are void because a seller cannot accept more than one offer, and both buyers receive their earnest money back
B
The seller has breached both contracts and may face disciplinary action; both buyers may pursue legal remedies including specific performance or damages
C
The first contract accepted is binding and the second is automatically void; only Buyer B's earnest money is refunded
D
The seller may choose which contract to honor, and the other buyer's earnest money is forfeited as liquidated damages

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Related Topics & Key Terms

Key Terms:

offer_and_acceptancedual_acceptancebreach_of_contractspecific_performanceseller_breachREEB_discipline

Related Concepts

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

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.

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