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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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