ContractsIntermediateDelaware Exam

What is a 'backup offer' in a Delaware real estate transaction?

ASimply a second, unrelated offer submitted only after the buyer's original first offer has already expired
BAn offer submitted with the knowledge that another contract is already in placeCorrect
CAn offer submitted through the buyer's backup agent
DA counteroffer the seller keeps in reserve

Why An offer submitted with the knowledge that another contract is already in place Is Correct

Answer B: An offer submitted with the knowledge that another contract is already in place

A backup offer is an offer accepted by the seller that is contingent on the primary contract falling through. If the primary buyer terminates, the backup offer becomes the primary contract without re-marketing.

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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