ContractsIntermediateDelaware Exam

What is 'tender' of performance in a Delaware real estate contract?

AA written offer to sell property at a specified price
BA party's unconditional, genuine offer to perform their contractual obligations — required before a party can sue for breachCorrect
CThe formal submission of an earnest money check
DA government publication of property for eminent domain proceedings

Why A party's unconditional, genuine offer to perform their contractual obligations — required before a party can sue for breach Is Correct

Answer B: A party's unconditional, genuine offer to perform their contractual obligations — required before a party can sue for breach

Tender is an unconditional offer by one party to perform their contractual obligations as a prerequisite to suing the other party for breach. In real estate, if the seller refuses to close, the buyer must tender (offer) the purchase price and be ready to perform before they can sue for specific performance or damages.

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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