Contracts

A real estate contract that requires the performance of an impossible act is:

AVoidable at either party's option
BVoid — impossible performance makes a contract unenforceable✓ Correct
CEnforceable if the parties agree to modify the terms
DValid as written

Explanation

A contract requiring impossible performance is void from the outset. Courts will not enforce a contract that requires a party to do something that is objectively impossible, such as selling a property the seller does not and cannot own.

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