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Lisa is thinking of buying a new house. On Saturday, she inspected a large residential property in Melbourne which met all her criteria. The real estate agent told her that the price of the house was $2.5 million. Lisa replied that she really liked the house, but that she will need some time to organise finance. Then she adds, ‘I will give you $50 if you keep the offer open for two weeks’. The real estate agent agrees, Lisa hands him a $50 note, and he puts the note in his wallet.After three days, the real estate agent contacts Lisa and tells her that he revokes the offer, as the house has been sold to someone else. He also adds that he will give her the $50 back. Lisa seeks your advice.Which of the following is CORRECT?Question 14Answera.Lisa cannot sue for breach: a promise to keep an offer open for a specific period of time does not apply to the sale or lease of real estate property, and the seller is therefore able to return the $50.b.Lisa can sue for breach of contract: the promise to keep the offer open for a specific period of time is an option contract. Therefore, the seller was unable to revoke the offer before the two weeks had expired.c.Lisa cannot sue for breach: the promise to keep the offer open is not binding because Lisa has not provided consideration. The seller is therefore able to revoke the offer, and return the $50.d.Lisa can recover the $50, but she cannot sue for breach of contract.

Question

Lisa is thinking of buying a new house. On Saturday, she inspected a large residential property in Melbourne which met all her criteria. The real estate agent told her that the price of the house was 2.5million.Lisarepliedthatshereallylikedthehouse,butthatshewillneedsometimetoorganisefinance.Thensheadds,Iwillgiveyou2.5 million. Lisa replied that she really liked the house, but that she will need some time to organise finance. Then she adds, ‘I will give you 50 if you keep the offer open for two weeks’. The real estate agent agrees, Lisa hands him a 50note,andheputsthenoteinhiswallet.Afterthreedays,therealestateagentcontactsLisaandtellsherthatherevokestheoffer,asthehousehasbeensoldtosomeoneelse.Healsoaddsthathewillgiveherthe50 note, and he puts the note in his wallet.After three days, the real estate agent contacts Lisa and tells her that he revokes the offer, as the house has been sold to someone else. He also adds that he will give her the 50 back. Lisa seeks your advice.Which of the following is CORRECT?Question 14Answera.Lisa cannot sue for breach: a promise to keep an offer open for a specific period of time does not apply to the sale or lease of real estate property, and the seller is therefore able to return the 50.b.Lisacansueforbreachofcontract:thepromisetokeeptheofferopenforaspecificperiodoftimeisanoptioncontract.Therefore,thesellerwasunabletorevoketheofferbeforethetwoweekshadexpired.c.Lisacannotsueforbreach:thepromisetokeeptheofferopenisnotbindingbecauseLisahasnotprovidedconsideration.Theselleristhereforeabletorevoketheoffer,andreturnthe50.b.Lisa can sue for breach of contract: the promise to keep the offer open for a specific period of time is an option contract. Therefore, the seller was unable to revoke the offer before the two weeks had expired.c.Lisa cannot sue for breach: the promise to keep the offer open is not binding because Lisa has not provided consideration. The seller is therefore able to revoke the offer, and return the 50.d.Lisa can recover the $50, but she cannot sue for breach of contract.

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Solution

b. Lisa can sue for breach of contract: the promise to keep the offer open for a specific period of time is an option contract. Therefore, the seller was unable to revoke the offer before the two weeks had expired.

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