California Contracts
Practice Questions & Answers (2026)

Contract law questions on the California real estate exam test both general contract principles and California-specific transaction requirements. The California Department of Real Estate (DRE) tests how California contract law applies to purchase agreements, counteroffers, contingencies, and earnest money disputes. Pay close attention to offer and acceptance mechanics, how counteroffers extinguish prior offers, and the specific timelines under California law for earnest money handling and contingency resolution. These are areas where candidates who studied nationally often apply the right concept but the wrong CA-specific timeframe or rule.

Practice Questions

California Contracts — Practice Questions & Answers

163 questions on Contracts from the California real estate question bank. First 10 are free — sign up to unlock all 163.

Q1. Which of the following is NOT a required element of a valid contract?

A.Offer and acceptance
B.Consideration
C.Notarization
D.Legal purpose

Explanation

The required elements of a valid contract are: offer and acceptance, consideration, legal purpose, competent parties, and in writing (for real estate). Notarization is not required for a contract to be valid.

Q2. What is 'consideration' in a real estate contract?

A.The agent's commission
B.Something of value exchanged between parties
C.The time allowed to back out of a deal
D.The property inspection period

Explanation

Consideration is something of value given by each party to a contract. In a real estate sale, the consideration is typically the purchase price from the buyer and the property title from the seller.

Q3. A contract that is 'voidable' means:

A.It is automatically invalid
B.It can be disaffirmed by one party but is otherwise valid
C.It requires court approval to be valid
D.It has expired

Explanation

A voidable contract is valid and enforceable unless one party chooses to disaffirm it. Common examples include contracts signed by minors or under duress.

Q4. In California, real estate contracts must be in writing to be enforceable under the:

A.Parol Evidence Rule
B.Statute of Frauds
C.Law of Agency
D.Doctrine of Estoppel

Explanation

The Statute of Frauds requires real estate contracts to be in writing to be legally enforceable. Verbal real estate agreements are generally not enforceable in California.

Q5. What happens when a buyer makes a counteroffer to the seller's counteroffer?

A.The original offer is reinstated
B.The first counteroffer is automatically accepted
C.The most recent counteroffer controls; earlier offers are void
D.Both parties must start over with a new contract

Explanation

Each counteroffer voids all previous offers. The most recent counteroffer is the only one on the table until accepted, rejected, or countered again.

Q6. What is 'specific performance' as a contract remedy?

A.A financial penalty for breach of contract
B.A court order requiring the breaching party to fulfill the contract
C.An agreement to modify the contract terms
D.The return of the earnest money deposit

Explanation

Specific performance is a court-ordered remedy requiring the breaching party to carry out their contractual obligations. It is commonly sought in real estate because each property is unique.

Q7. An 'option contract' in real estate gives the buyer:

A.The obligation to purchase the property
B.The right but not the obligation to purchase at a set price within a set time
C.The right to list the property for sale
D.An automatic first right of refusal on all future sales

Explanation

An option contract gives the buyer (optionee) the right — but not the obligation — to purchase a property at a predetermined price within a specified time period, in exchange for option consideration paid to the seller.

Q8. What does 'time is of the essence' mean in a real estate contract?

A.The deal must close within 30 days
B.Deadlines in the contract are strictly enforceable and missing them is a breach
C.The agent must respond to all offers within 24 hours
D.The seller has limited time to accept an offer

Explanation

'Time is of the essence' means all deadlines in the contract are strictly binding. Missing a deadline — even by one day — can constitute a material breach of contract.

Q9. A contingency in a real estate contract:

A.Makes the contract unconditional
B.Is a condition that must be met for the contract to become binding
C.Extends the closing date automatically
D.Allows the agent to collect double commission

Explanation

A contingency is a condition that must be satisfied for the contract to proceed. Common contingencies include financing, inspection, and appraisal. If a contingency is not met, the buyer can typically cancel.

Q10. What is liquidated damages in a California residential purchase agreement?

A.The buyer's loan amount
B.A pre-agreed amount (typically the earnest money) the seller keeps if the buyer defaults
C.The agent's commission
D.Damages awarded by a court after trial

Explanation

In California residential contracts, liquidated damages clauses (if initialed by both parties) limit the seller's remedy to keeping the deposit if the buyer defaults, instead of suing for full damages.

Q11. What is novation in contract law?

A.Adding a new clause to an existing contract
B.Substituting a new contract or party for an old one, releasing the original party
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