Contracts

Consideration

The thing of value each party gives to make a contract binding

It need not be money and need not be equal in value on both sides. In a purchase contract the consideration is usually the exchange of promises: the buyer promises to pay, the seller promises to convey.

How the exam asks about it

Earnest money is not the consideration for a purchase contract, and the exam relies on people assuming it is. The deposit is evidence of good faith; the promises are the consideration.

Related terms

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