New Jersey Real Estate Practice Exam Practice Question
Scenario/Extract:
A broker has listed a property for $225,000. An offer of $210,000 contingent upon inspection comes in the first week and the seller accepts it. Another offer of $205,000 comes in the second week. The seller accepts it as a secondary offer contingent upon the termination of the first offer. The first offeror demands the seller spend $5,000 in repairs before going through with the purchase.
The seller may do any of the following EXCEPT
Correct Answer: D
Rationale: Option D is incorrect because a seller cannot ignore a binding agreement with the first offeror. If the seller has accepted an offer, they are legally obligated to honor that agreement unless it is formally terminated.
Option A is valid as the seller can agree to repairs and proceed with the transaction. Option B is also permissible; the seller can refuse repairs and sell the property "as is," which is a common practice. Option C is acceptable, as the seller may terminate the first agreement in writing, provided they follow the proper legal procedures, thus allowing a sale to a second offeror.
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