ContractsIntermediateAlabama Exam

An Alabama purchase contract requires that the property close 'on or before' a specified date. If the buyer is not ready to close on that date, this most likely constitutes:

AA material breach of contract if time is of the essenceCorrect
BA minor inconvenience that can be extended verbally
CAutomatic grounds for the seller to retain the earnest money without legal process
DA basis for the buyer to demand a lower price

Why A material breach of contract if time is of the essence Is Correct

Answer A: A material breach of contract if time is of the essence

If the contract specifies that time is of the essence, failure to close by the specified date may constitute a material breach, allowing the seller to enforce remedies including potentially retaining the earnest money.

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.

Key Contracts Terms in This Question

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