5. One of the things a real estate sales contract MUST contain to be legally binding is:

Answer: C

Explanation:

Property description is essential for a real estate sales contract to be legally binding.

A legally binding real estate sales contract must include a clear property description to identify the specific property being sold. This requirement ensures that all parties understand exactly what is being transferred in the transaction.

A) Termite clause

While a termite clause may be beneficial for addressing pest issues, it is not a mandatory element for a contract to be considered legally binding. Its absence does not invalidate the contract itself.

B) List of personal property

A list of personal property can be included in a real estate sales contract, but it is not a legal requirement for the contract's validity. The contract can still be binding without detailing personal property.

C) Property description

A clear and precise property description is essential in a real estate sales contract because it identifies the property involved in the transaction. This inclusion is critical for establishing the specific rights and obligations of the parties involved.

D) Commission provision

The commission provision, while important for clarifying agent fees, is not a necessary component for the contract's legal enforceability. A contract can still be binding without specifying commission details.

Conclusion

The inclusion of a property description is crucial for a real estate sales contract to be legally binding, as it distinctly identifies the property involved in the transaction. Other options, while relevant to the overall process, do not meet the fundamental requirement for legal validity, making them insufficient on their own. Hence, only option C meets the essential criteria for a binding contract.