MBE Tip of the Day: Real Property
MBE Tip of the Day: Real Property
Welcome to our MBE tip of the day series. This “MBE tip of the day” post focuses on real property.
You will see 25 scored real property MBE questions on the Multistate Bar Exam. In this post, we will review a real property question together. Note that we have posted several MBE tips (which you can find links to at the bottom of this post) that focus on a specific multiple-choice question that many students answer incorrectly. If you can master these questions, it could increase your MBE score by that many points if you see any of these issues tested again (which, by the way, you will!). These posts of MBE tips and tricks will not only cover substantive law but also strategy. So each “MBE tip of the day” post covers one highly-tested area of substantive law as well as an important MBE strategy. You can sign up to receive these posts directly to your inbox for the upcoming administration at the bottom of this page.
MBE Tip of the Day: Real Property
MBE Tip of the Day Instructions:
Do your best to answer this real property MBE question (before even looking at the answer choices and before looking at the answer below!) Ask yourself: What is the subject? What is the legal issue, rule, and analysis? What is the conclusion? Try to answer these beginning questions before even reading the answer choices. Then, uncover the answer as well as read more about our MBE tip of the day.
Show the MBE Question...
Real Property MBE Question
A seller entered into a contract to convey Blackacre to a buyer. The contract stated that the closing was to occur “on May 1.” The buyer was prepared to perform on May 1, but the seller was not. On June 1, the seller was ready to close on Blackacre. The buyer does not want to follow through with the closing and claims the seller has breached the contract.
Must the buyer follow through with the closing?
(A) Yes, unless the buyer can show the delay of closing caused the buyer to suffer undue harm.
(B) Yes, unless the contract or the circumstances indicate that time is of the essence.
(C) No, because the closing date is an express term of the contract which must be complied with exactly.
(D) No, because one month is not a reasonable time after the initial closing date.
Subject:
Legal Issue:
Legal Rule and Analysis:
Choose an answer choice that most closely matches your conclusion and explain why the others are incorrect:
Show the Answer to the MBE Question...
Answer to the Real Property MBE Question
Subject: Real Property
Legal Issue: Real estate contracts
Legal Rule and Analysis: Even when a real estate contract contains a closing date, that date is not necessarily strictly binding. The date listed in the contract will be firm only if the contract or the parties’ actions make it clear that time is of the essence. If time is not of the essence, then courts will allow the closing to occur within a reasonable time.
Conclusion: The buyer must follow through with the closing unless the contract or circumstances indicate that time is of the essence.
Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided.
The answer choice (B) is therefore correct. (A) is incorrect because it does not recognize the appropriate standard. The buyer does not need to show undue harm. It needs to show that time is of the essence. (C) is incorrect because the closing date is not construed as an express term that must be complied with exactly unless the contract or circumstances indicate that time is of the essence. (D) is incorrect because one month is considered to be reasonable. Further, this answer choice does not recognize that if the contract or circumstances indicated that time was of the essence, then the buyer need not follow through with the closing.
MBE Tip: Pay attention to the qualifiers like, “unless”, “because” and “if.” Two of the answer choices use appropriate legal terminology and standards–(B) recognizes that if time is of the essence, the buyer should prevail and (D) recognizes the “reasonable time” requirement. The primary reason that (B) is correct–and (D) is not correct–is because of the qualifier.
The correct answer choice could change if the qualifiers had changed. For example, if (B) stated, “Yes, because time is of the essence” it would not necessarily be consistent with the facts. Or if (D) said, “No, if the court found one month is not a reasonable time” it might be a decent answer choice if the contract nor circumstances otherwise indicated that time was of the essence.
Show Summary of the Two Key Takeaway Points for the Day
Takeaway Points:
Takeaway for Law: Even when a real estate contract contains a closing date, that date is not necessarily strictly binding. The date listed in the contract will be firm only if the contract or the parties’ actions make it clear that time is of the essence. If time is not of the essence, then courts will allow the closing to occur within a reasonable time.
MBE Tip: Pay attention to the qualifiers like, “unless”, “because” and “if.” Two of the answer choices use appropriate legal terminology and standards–(B) recognizes that if time is of the essence, the buyer should prevail and (D) recognizes the “reasonable time” requirement. The primary reason that (B) is correct–and (D) is not correct–is because of the qualifier.
Looking for more MBE help?
If you would like to see “MBE tip of the day” posts from prior days, please check out all of our past MBE tip of the day archives here! We have several of them and we list them by subject!
Looking for additional MBE help? If you are looking for MBE help, read our 10 expert MBE tips here. Check out our step-by-step guide to improving your MBE score, please review this post for an overview of tips. If you would like to have the next MBE tip emailed to you when we come out with another one, please fill out the form below.
MBE Tip of the Day
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