Property OwnershipIntermediateDelaware Exam

What is an 'executory' contract in Delaware real estate?

AA contract signed by an executor of an estate
BA contract where some or all obligations have yet to be performedCorrect
CA contract that requires court approval to execute
DA contract that has been executed (fully performed)

Why A contract where some or all obligations have yet to be performed Is Correct

Answer B: A contract where some or all obligations have yet to be performed

An executory contract is one where some or all obligations remain to be performed. A purchase contract between signing and closing is executory — the buyer's obligation to pay and the seller's obligation to deliver title have not yet been fulfilled.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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