Question 73

The seller may do any of the following EXCEPT ignore the demand and sell the property to the second offeror.

In this scenario, the seller cannot ignore the demand made by the first offeror and sell the property to another buyer. This action would violate the obligations established in the initial agreement with the first buyer.

A) agree to do the needed repairs and consummate the transaction with the first offeror.

This option is valid as the seller can agree to complete repairs, which may facilitate the sale with the first offeror. By doing so, the seller adheres to the terms of the original agreement and demonstrates a willingness to fulfill contractual obligations.

B) refuse to do the repairs and still proceed with the sale in as is condition.

The seller has the right to refuse repairs and sell the property "as is" to the first offeror. This option is acceptable as long as the first buyer is aware of the property's condition and agrees to proceed without repairs.

C) terminate the first agreement in writing and sell to the second offeror.

This option is permissible as the seller can formally terminate the existing contract with the first offeror, provided that they follow the proper legal procedures. Upon termination, the seller is free to engage with the second offeror.

D) ignore the demand and sell the property to the second offeror.

This option is incorrect as it implies neglecting the obligations to the first buyer. Ignoring the demand undermines the contractual relationship established and can lead to legal repercussions.

Conclusion

The correct answer is D because the seller must adhere to the terms of the contract with the first buyer and cannot simply disregard their demand. Options A, B, and C are all viable actions that the seller can take within the bounds of contractual agreements, whereas D disregards the necessary legal and ethical obligations to the first offeror.