ContractsIntermediateColorado Exam

A Colorado seller accepts an offer at 2:00 PM. At 3:00 PM, a better offer arrives. The seller:

AMay accept the better offer since they haven't notified the first buyer, as a general rule
BIs bound by the first contract if acceptance was properly communicated to the first buyerCorrect
CMay accept both offers and let the buyers decide
DMust submit both offers to a court for determination

Why Is bound by the first contract if acceptance was properly communicated to the first buyer Is Correct

Answer B: Is bound by the first contract if acceptance was properly communicated to the first buyer

Once the seller has accepted the first offer and communicated that acceptance to the buyer (creating a binding contract), the seller is legally bound by the contract. Accepting a second offer would constitute a breach of contract.

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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