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Contracts

Purchase agreements, listing contracts, and contract law

200 questions10 concepts
Contracts β€” Study Card
Contracts study card infographic showing key concepts, exam weight (12%), and memory aids
AI-generated study card for Contracts. Covers 12% of the real estate exam.
Difficulty Breakdown
Easy59 (30%)
Medium92 (46%)
Hard49 (25%)
Study Tips for Contracts
  • β€’Four elements of valid contract: Competent parties, Mutual consent, Legal purpose, Consideration
  • β€’Statute of Frauds: real estate contracts MUST be in writing
  • β€’Know void (never valid) vs. voidable (can be canceled by injured party)
  • β€’Specific performance forces the sale; liquidated damages = keep earnest money

Key Concepts

Purchase Agreement / Sales Contract

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.

Offer and Acceptance

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

Counteroffer

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.

Consideration

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

Earnest Money Deposit

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.

Contingencies

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Inspection Contingency

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.

Financing Contingency

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.

Appraisal Contingency

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.

Contract Termination

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

Practice Questions

Attorney_review_in_standard_residential_contract_practice(31)

During a brokerage meeting in Decatur, Devon Bennett asks what an attorney may do during the standard review period under Illinois residential contract practice. What is the best answer under current Illinois law or practice?

HARD

During a brokerage meeting in Springfield, Alex Griffin asks what happens if neither attorney sends a disapproval or proposed change during the standard review period. What is the best answer under current Illinois law or practice?

MEDIUM

Avery Jenkins is reviewing an Illinois issue in Normal. The person asks what happens if neither attorney sends a disapproval or proposed change during the standard review period. Which statement best applies?

MEDIUM

During a brokerage meeting in Rockford, Hayden Lopez assumes that attorney review automatically replaces every inspection, appraisal, or financing deadline in a standard Illinois residential contract. What is the best answer under current Illinois law or practice?

MEDIUM

At a training session in Decatur, Avery Turner signed a standard Illinois residential contract that includes an attorney-review clause and asks how long the review window usually lasts under that standard form practice. Which answer is correct?

EASY

During a brokerage meeting in Peoria, Alex Turner is using a standard Illinois residential purchase contract and asks whether the 5-business-day attorney-review concept is a universal Illinois statute that governs every real estate contract. What is the best answer under current Illinois law or practice?

MEDIUM

During a brokerage meeting in Oak Park, Casey Monroe is using a standard Illinois residential purchase contract and asks whether the 5-business-day attorney-review concept is a universal Illinois statute that governs every real estate contract. What is the best answer under current Illinois law or practice?

EASY

Taylor Cole is reviewing an Illinois issue in Elgin. The person waits until after the attorney-review period ends to send the first written objection and asks whether the objection is still timely under the standard clause. Which statement best applies?

EASY

In February 2026, Jordan Hayes signed a standard Illinois residential contract that includes an attorney-review clause and asks how long the review window usually lasts under that standard form practice. What is the most accurate answer under current Illinois rules?

EASY

In September 2026, Rowan Keller is asked to tell the parties which side is more likely to win a contract-default lawsuit and whether they should sue. What is the most accurate answer under current Illinois rules?

MEDIUM

At a training session in Aurora, Jordan Sullivan is using a standard Illinois residential purchase contract and asks whether the 5-business-day attorney-review concept is a universal Illinois statute that governs every real estate contract. Which answer is correct?

MEDIUM

Which statement best describes timely notice for Illinois broker practice in attorney review in standard residential contract practice?

MEDIUM

Taylor Reed is reviewing an Illinois issue in Schaumburg. The person is using a standard Illinois residential purchase contract and asks whether the 5-business-day attorney-review concept is a universal Illinois statute that governs every real estate contract. Which statement best applies?

EASY

During a brokerage meeting in Normal, Quinn Diaz is asked to tell the parties which side is more likely to win a contract-default lawsuit and whether they should sue. What is the best answer under current Illinois law or practice?

HARD

Which answer best states the Illinois rule on attorney review practice as tested in attorney review in standard residential contract practice?

HARD

Riley Reed is reviewing an Illinois issue in Champaign. The person is asked to tell the parties which side is more likely to win a contract-default lawsuit and whether they should sue. Which statement best applies?

MEDIUM

Micah Nguyen is reviewing an Illinois issue in Schaumburg. The person asks what an attorney may do during the standard review period under Illinois residential contract practice. Which statement best applies?

EASY

During a brokerage meeting in Rockford, Jordan Turner signed a standard Illinois residential contract that includes an attorney-review clause and asks how long the review window usually lasts under that standard form practice. What is the best answer under current Illinois law or practice?

EASY

In April 2026, Jordan Vargas asks what happens if neither attorney sends a disapproval or proposed change during the standard review period. What is the most accurate answer under current Illinois rules?

HARD

During a brokerage meeting in Schaumburg, Blake Walker asks what happens if neither attorney sends a disapproval or proposed change during the standard review period. What is the best answer under current Illinois law or practice?

HARD

+ 11 more questions

Breach_and_remedies(138)

A seller in Springfield, Massachusetts breaches a purchase and sale agreement by refusing to convey the property to the buyer without legal justification. The buyer wants to compel the seller to complete the transaction. Which remedy is available to the buyer under Massachusetts law that would require the seller to actually transfer the property?

EASY

In Colorado, which of the following instruments is the standard security document used in residential real estate transactions, and who holds title under it until the debt is satisfied?

EASY

Marcus signs a purchase and sale agreement to buy a single-family home in Worcester for $420,000. The agreement contains a standard Massachusetts financing contingency. Marcus is unable to obtain a mortgage commitment by the contingency deadline despite making good-faith efforts with multiple lenders. He notifies the seller in writing before the deadline expires. Under Massachusetts law, what is the most likely outcome?

EASY

Sarah is purchasing a rural Colorado property and wants to ensure that the water rights associated with the irrigation ditch on the property transfer to her at closing. The seller claims the water rights 'come with the land.' Under Colorado law, what must Sarah's broker advise?

EASY

Maria signed the CREC Contract to Buy and Sell Real Estate to purchase a Denver home for $520,000 with $15,000 in earnest money. After all contingencies were satisfied, Maria refused to close without justification. The seller, frustrated, wants to force Maria to complete the purchase. Which remedy should the seller pursue?

EASY

A Connecticut buyer defaulted on a residential purchase contract that contained a valid liquidated damages clause designating the earnest money deposit as the seller's sole remedy. Which of the following actions would NOT be permitted under the liquidated damages clause as written?

MEDIUM

A Massachusetts buyer enters into a purchase and sale agreement and pays a $25,000 deposit. The agreement contains a standard liquidated damages clause. Before closing, the buyer discovers that the seller made multiple knowing misrepresentations about the property's rental income history, inducing the buyer to offer a price $60,000 above fair market value. The buyer wants to cancel the contract and recover more than just the deposit. Under Massachusetts law, which combination of legal theories provides the buyer the BEST chance of recovering the full $60,000 overpayment plus attorney's fees?

HARD

A buyer signs a California Residential Purchase Agreement to purchase a home for $1,100,000. During the 17-day inspection contingency period, the buyer's inspector discovers extensive termite damage that was not disclosed by the seller on the Transfer Disclosure Statement, as required by California Civil Code Β§1102. The contingency period has not yet expired. What is the buyer's best course of action to cancel the contract and recover the earnest money deposit?

MEDIUM

Tom and Susan sign a California Residential Purchase Agreement (RPA) for a home in Long Beach. The RPA includes a mediation clause. After a dispute arises, Tom wants to skip mediation and go directly to court. Under the terms of the standard California RPA, what consequence may Tom face?

MEDIUM

Sarah contracts to purchase a condominium in Boston for $650,000 and deposits $13,000 as an earnest money deposit under the purchase and sale agreement. Before closing, the seller discovers a title defect that makes the property unmarketable and is unable to cure it within the time allowed under the contract. Sarah demands her deposit back. Under Massachusetts law, which of the following best describes Sarah's remedy?

EASY

A Maryland buyer, Diane, exercised a home inspection contingency in her purchase contract after receiving an unsatisfactory inspection report. The seller, Tom, refused to make any repairs or reduce the price, so Diane gave proper written notice to terminate the contract within the contingency period. Tom claims Diane is in breach and demands to keep the $7,500 earnest money deposit. Under Maryland contract law, what is the most accurate outcome?

MEDIUM

A Connecticut seller signed a listing agreement with broker Angela. Two weeks before the listing expired, the seller secretly negotiated directly with a buyer Angela had introduced to the property and sold the house without Angela's involvement to avoid paying her commission. Angela sues for her commission. Under Connecticut law, which of the following best supports Angela's claim?

MEDIUM

Under Massachusetts law, when a buyer defaults on a purchase and sale agreement and the seller retains the deposit as liquidated damages, what is the legal effect on the seller's right to pursue additional remedies?

EASY

Under Massachusetts law, a buyer and seller have a fully executed purchase and sale agreement. The seller decides to accept a higher offer from another buyer and refuses to proceed with the original buyer. The original buyer wants to prevent the seller from conveying the property to the new buyer while the lawsuit is pending. Which legal tool is most appropriate for the original buyer to use?

EASY

Jennifer buys a home in Quincy, Massachusetts. After closing, she discovers the seller failed to disclose that a child under six years old had previously tested positive for lead poisoning in the home, a fact known to the seller. Jennifer incurs $35,000 in lead remediation costs. She brings a claim under both Massachusetts General Laws Chapter 93A and the Massachusetts Lead Paint Law (MGL Chapter 111, Section 197). Which statement BEST describes Jennifer's potential recovery?

HARD

Kevin is purchasing a condominium unit in Baltimore. The seller provides Kevin with the required Maryland condominium resale package. Kevin reviews the documents and finds that the condominium association has a pending special assessment of $8,000. Kevin decides he no longer wants to proceed. Under the Maryland Condominium Act, how many days does Kevin have to rescind the contract after receiving the complete resale package?

MEDIUM

Mark contracts to buy a single-family home in Anaheim, California for $750,000 using a California RPA. After removing all contingencies, Mark discovers he cannot obtain financing and defaults. The contract includes a properly initialed liquidated damages clause. The seller retains the appropriate amount and relists the property. Three months later, the seller sells the home for $780,000. Can Mark recover any portion of the liquidated damages based on the seller's higher resale price?

MEDIUM

Under the Maryland Residential Property Disclosure and Disclaimer Act, a seller elects to provide a disclaimer statement instead of a full disclosure. The buyer, James, receives the disclaimer and signs the purchase contract. Two months after settlement, James discovers a significant foundation problem that the seller knew about before the sale. Which of the following best describes James's legal position under Maryland law?

MEDIUM

A seller in Colorado accepted an offer and the parties executed the CREC Contract to Buy and Sell Real Estate. Before the inspection objection deadline, the seller decided to back out and sell to a different buyer for a higher price. The original buyer wants to recover the property. Which remedy is most appropriate for the buyer to pursue?

EASY

A buyer in California purchases a home in Redwood City relying on the seller's statement that the roof was replaced two years ago. After closing, the buyer discovers the roof is actually 15 years old and leaking. The buyer wants to pursue rescission. Under California Civil Code Β§1572, which element must the buyer prove to establish fraud?

MEDIUM

+ 118 more questions

Contracts: What You Need to Know

Contracts is one of the highest-weighted exam topics and covers the legal framework for real estate agreements. Since nearly every real estate transaction involves multiple contracts, this is both an exam essential and a practical necessity for your career.

Start with the four elements required for a valid contract: competent parties (legal age, sound mind), mutual consent (offer and acceptance), legal purpose, and consideration (something of value). The Statute of Frauds requires real estate contracts to be in writing to be enforceable β€” this is one of the most frequently tested concepts. Know the difference between valid, void, voidable, and unenforceable contracts.

Master the key contract types: purchase agreements (bilateral, executory contracts), listing agreements (exclusive right to sell, exclusive agency, open listing), option contracts (unilateral contracts giving the right but not obligation to buy), and lease agreements. Understand contingencies (financing, inspection, appraisal) and how they create conditions that must be met. For breach remedies, know specific performance (forcing the sale), liquidated damages (keeping the earnest money), rescission (canceling the contract), and monetary damages.

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