Georgia Real Estate Salesperson Practice Exam

If a buyer dies after submitting an offer, what happens to that offer?

1. The offer remains active until expiration

2. The seller can resubmit the offer

3. The buyer's death terminated the offer

4. The seller must wait for probate to expire

The correct answer is: The buyer's death terminated the offer

When a buyer dies after submitting an offer, that offer is automatically terminated. This is rooted in the principle that a contract requires the parties involved to have the legal capacity to enter into the agreement. The death of the buyer removes their ability to fulfill the contractual obligations outlined in the offer, thus ending its enforceability. In this scenario, the other options do not accurately reflect the legal implications of such a situation. The offer does not remain active until expiration because the buyer’s death effectively nullifies it. The seller cannot resubmit the offer as there is no longer an offer to consider, and the seller is not required to wait for probate to expire, as the offer is immediately terminated upon the buyer’s passing. Therefore, the correct understanding is that the death of the buyer leads to the automatic termination of the offer.