Contracts
In South Dakota, a real estate contract that requires one party to perform an illegal act is:
AVoidable at the option of either party
BVoid and unenforceable from its inception✓ Correct
CEnforceable if all parties agree to the illegal terms
DValid until challenged by a government authority
Explanation
A contract that requires illegal performance is void — it has no legal effect from its inception, regardless of the parties' agreement. Void contracts cannot be ratified, enforced, or made valid by any subsequent action of the parties.
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