Albert's mother signed a three-month listing agreement with a real estate agent.Prior to considering or accepting either of two below-listing-price offers the agent brought to Albert's mother,she suffered a fatal stroke.What would a judge likely decide if the agent and/or the offerees attempt to legally force the mother's estate to accept one of the offers?
A) that someone who makes an offer and then dies would not be bound
B) that the death increased the chance of one of the offers being accepted
C) that the deceased party cannot personally perform,hence her offer also died
D) that the estate is obligated to complete the sale by accepting one of the offers

Question

Quizplus · Accepted Answer

The principle here is that the listing agreement is a personal service contract which is terminated upon the death of the person who entered into the agreement, in this case, Albert's mother. Since she cannot personally perform her obligations under the contract due to her death, the contract is considered terminated, and her estate is not obligated to accept any offers brought by the agent.

Albert's Mother Signed a Three-Month Listing Agreement with a Real