National Real Estate Exam (PSI)ContractsHard

A buyer and seller have both fully performed all obligations under a real estate purchase contract, including closing and transfer of title. This contract is now classified as:

  1. AExecutory
  2. BExecuted
  3. CBilateral
  4. DVoidable
Show answer & explanation

Correct answer: B. Executed

A contract is described as "executed" once both parties have fully performed all their obligations. This is distinct from "executory," which describes a contract with obligations still pending.

Why the other options are wrong

  • A. Executory describes contracts with remaining unperformed obligations, which does not apply here.
  • C. Bilateral describes mutual promises exchanged, but doesn't address the performance status.
  • D. Voidable relates to capacity or defect issues, unrelated to performance status.

Executed vs Executory Contract

An executed contract is one where all parties have fully performed their obligations; an executory contract still has obligations remaining to be performed.

  • A signed purchase agreement before closing is executory
  • After closing and full performance, it becomes executed
  • Executed/executory describes performance status, not validity

Memory trick: Executed = everything's done; executory = still owing.

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