ContractsIntermediateColorado Exam

Under Colorado law, a real estate sales contract is 'executory' when:

AThe contract has been fully performed by all parties, as is customary in this jurisdiction
BThe contract has been signed but not yet fully performed — obligations remain outstandingCorrect
CThe contract was signed under duress
DThe contract requires court execution

Why The contract has been signed but not yet fully performed — obligations remain outstanding Is Correct

Answer B: The contract has been signed but not yet fully performed — obligations remain outstanding

An executory contract is one that has been entered into but has not yet been fully performed — there are still obligations remaining (inspections to conduct, financing to obtain, closing to occur). Once closed, the contract is 'executed' (fully performed).

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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