Albert Owns a Piece of Land Called Blackacre

question 31

Multiple Choice

Albert owns a piece of land called Blackacre.He has accepted Dawn's offer to buy it for $200 000.That agreement of purchase and sale is,however,conditional on Dawn's ability to sell Whiteacre,a property that she currently owns.Which of the following statements is most likely TRUE?

• A)The parties' agreement is subject to a condition subsequent.
• B)If Dawn changes her mind,she is fully entitled to avoid purchasing Blackacre simply by refusing to seek a purchaser for Whiteacre.
• C)Albert can waive the condition and insist upon performance of the sale if Dawn is unable to find a purchaser for Whiteacre.
• D)Although the contract is subject to a condition,Dawn has obligations that must be performed immediately,in particular to in good faith attempt to sell Whiteacre.
• E)The existence of the condition means that the parties will not have a contract unless and until Dawn sells Whiteacre.

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