ContractsIntermediateAlabama Exam

An Alabama purchase contract that is contingent upon the buyer obtaining financing is considered:

AInvalid until the contingency is removed
BBinding on both parties but subject to the contingency — the contract may be voided by the buyer if financing cannot be obtainedCorrect
COnly binding on the seller
DVoid because uncertain contracts cannot be enforced, though the precise application can differ somewhat from one county to the next

Why Binding on both parties but subject to the contingency — the contract may be voided by the buyer if financing cannot be obtained Is Correct

Answer B: Binding on both parties but subject to the contingency — the contract may be voided by the buyer if financing cannot be obtained

A contract with a financing contingency is binding on both parties but allows the buyer to terminate the contract (and recover earnest money) if they are unable to obtain the specified financing.

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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