ContractsIntermediateAlabama Exam

An Alabama buyer makes an offer on a home. The listing agent immediately responds that the seller is interested but wants $5,000 more. No written counteroffer is signed. Is there a binding contract?

AYes — verbal acceptance creates a binding contract
BNo — a verbal response does not constitute a valid acceptance under the Statute of FraudsCorrect
CYes — the agent's verbal response binds the seller, though specifics can vary by situation
DMaybe — depends on the buyer's response

Why No — a verbal response does not constitute a valid acceptance under the Statute of Frauds Is Correct

Answer B: No — a verbal response does not constitute a valid acceptance under the Statute of Frauds

Under the Statute of Frauds, real estate contracts must be in writing. A verbal response does not create an enforceable contract, even if both parties intend to agree.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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