Contracts

In Georgia, a real estate sales contract that includes a provision that violates a statute is:

AA. Voidable at the option of either party
BB. Void as to the illegal provision, which may or may not affect the entire contract✓ Correct
CC. Fully enforceable if both parties agreed to it
DD. Modified by a court to remove the illegal term automatically

Explanation

When a contract provision is illegal, it may be severed if the remainder can stand alone (severability clause). If the illegal provision is central to the contract, the entire contract may be void. Courts apply the doctrine of severability when possible.

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