Q. What about the oral hypothesis? Has. Oral acceptance is valid unless the offer (as usual) states that acceptance of the written form is necessary. However, the sales contract requires the written form to make the contract enforceable. Ambiguity is another defense against the application of a real estate purchase agreement. Ambiguity is when a term can be interpreted differently in a contract. If both parties are aware of the ambiguity or both parties are not aware of the ambiguity, there is no contract unless both parties intend to have the same meaning. However, if one party is aware of the ambiguity and the other is not, the treaty is applied in accordance with the intention of the party, which is not aware of the ambiguity. 1.) If a contract for the sale of real estate includes the condition that the house to be purchased must be removed by the seller before the buyer is obliged to pay the purchase price and the seller paints the house, but does not remove the cladding around one of its windows, the seller would most likely be considered essentially fulfilled. The buyer would then be required to respect the contract and issue a call for tenders for the purchase price. The parties can fulfill conditions in different ways, the most obvious being total satisfaction.
If a condition is fully met, the condition is met and both parties are required to perform the contract. In the scenarios described above, for example, when the buyer is able to obtain financing, or if the buyer announces the purchase price and the seller conveys his interest in the property within the specified time frame, the conditions are fully met. 1.) A real estate purchase contract stipulates that the buyer must receive financing before being obliged to give the purchase price to the seller. However, if the buyer acted in good faith and made reasonable and effective efforts to obtain financing, this was not possible, but the obligation for the buyer to write the purchase price lapses without the buyer being held responsible. Whether a party has made reasonable efforts to meet this condition and thus exonerate it from liability is generally a factual issue that is decided on a case-by-case basis. In order to protect both parties from the need to guess what they are reasonable efforts, the financing case should be defined in the contract. 2.) On April 1, a seller concludes a contract with a buyer for the sale of real estate. On April 4, the seller is approached by another buyer and instructed to sell the same property at a higher price. The second buyer takes possession and makes substantial improvements to the property….