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National practice guide

Build the timeline before naming the contract result

Contract questions reward sequence. An offer exists, something happens, and a party acts or fails to act. If you skip the timeline, a revoked offer looks accepted, a request looks like a counteroffer, a waived contingency looks open, and a signed but unperformed agreement looks fully executed. Put every event in order before choosing the doctrine. A reliable scratch-work line has five stops: what existed before the event, what the event changed, when the other party learned or acted, which deadline or condition applied, and what remained afterward. Read dates, delivery language, signatures, notices, and conditional words literally. If two choices name true rules, prefer the one that answers the contract's status at the moment the question asks. This habit also keeps you from importing a later closing result into an earlier offer question. Practice explaining the rejected choice in one sentence under timed conditions. That explanation exposes whether you confused formation with enforceability, acceptance with performance, or breach with the remedy that may follow it.

Last updated: August 1, 2026

What skill does this practice set measure?

Short answer: Use a contract timeline: invitation or negotiation, offer, delivery, knowledge, acceptance, rejection, counteroffer, revocation, expiration, death or incapacity, formation, contingency deadlines, amendments, performance, breach, remedy, and termination. At every point, identify the parties, exact terms, legal capacity, lawful purpose, consideration, writing or signature issue, authority, notice, and condition. Then classify status: valid, void, voidable, unenforceable, unilateral, bilateral, express, implied, executed, or executory. Keep document changes distinct: an addendum adds to an agreement, an amendment changes an existing contract, assignment transfers rights, delegation transfers duties, and novation substitutes with release as agreed. Contract language and governing law control real transactions, so use national exam principles without inventing an automatic remedy or state rule.

Official section
National V: Contracts
Broker weight
Approximately 19 of 100 scored national questions
Expected scored items
The current PSI broker outline assigns about 19% of the national portion to Contracts, the largest national area

Contract law varies by jurisdiction and document. Statutes of frauds, electronic signatures, licensing law, approved forms, attorney-review provisions, disclosure statutes, consumer rules, financing, title, escrow, lease law, and local custom can change the result. A broker must practice within license and legal-advice boundaries. This guide teaches the current national outline and selected Illinois context; it does not draft, interpret, approve, rescind, enforce, or advise on a contract. The signed agreement and current law control actual rights and remedies. Sources were checked through August 1, 2026.

Ready to work the set?

These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.

1. A seller changes the offered price before signing. What is the seller's response?

  1. Counteroffer
  2. Acceptance
  3. Inquiry
  4. Novation
Show answer and explanation

Answer: Counteroffer

A conditional change to a material term proposes a new offer and rejects the original under the common exam rule.

2. Which contract status means material duties remain?

  1. Executory
  2. Executed
  3. Void
  4. Rescinded
Show answer and explanation

Answer: Executory

An executory contract has performance still due.

3. Which transaction substitutes a new party and releases the original party as agreed?

  1. Novation
  2. Assignment
  3. Addendum
  4. Counteroffer
Show answer and explanation

Answer: Novation

Novation involves agreed substitution and release rather than a rights transfer alone.

4. Which remedy seeks the promised performance rather than a money award?

  1. Specific performance
  2. Liquidated damages
  3. Compensatory damages
  4. Earnest money credit
Show answer and explanation

Answer: Specific performance

Specific performance is equitable relief compelling contract performance when legally available.

5. Which right can generally be exercised on stated terms during its option period without waiting for the owner to decide to sell?

  1. Option
  2. Right of first refusal
  3. License
  4. Easement
Show answer and explanation

Answer: Option

An option grants a time-limited power to purchase on stated terms.

Which answer habits should you watch for?

Trap
Call every signed contract executed.
Correction
In performance-status questions, executed means fully performed.
Trap
Treat void and unenforceable as synonyms.
Correction
No legal effect differs from an enforcement defense to an agreement.
Trap
Assume earnest money is required for every valid contract.
Correction
Look for legal consideration; earnest money amount and use are separate.
Trap
Treat every question as a counteroffer.
Correction
Distinguish conditional changed terms from an inquiry.
Trap
Accept an offer after it expired without a new offer.
Correction
Track expiration and any later revival or new assent.
Trap
Assume the highest offer must win.
Correction
The seller evaluates terms and may accept, reject, or counter within duties and instructions.
Trap
Call every contract attachment an amendment.
Correction
An addendum can add terms; an amendment changes existing terms.
Trap
Release an assignor automatically.
Correction
A novation or other agreement is needed for the stated substitution and release.
Trap
Ignore a contingency's notice deadline.
Correction
Apply the event, protected party, deadline, notice, waiver, and consequence together.
Trap
Treat liquidated damages as automatically enforceable.
Correction
Contract language and governing law control validity and election.
Trap
Treat specific performance as automatic.
Correction
It is an equitable remedy subject to legal standards and court discretion.
Trap
Call a right of first refusal an immediately exercisable option.
Correction
The right usually awaits the owner's triggering decision to sell.

How should you reason through a difficult item?

Track a counteroffer

Scenario: Buyer offers $400,000. Seller signs only if price becomes $415,000. Buyer later says she accepts the original $400,000 offer. Is the original automatically open?

  1. Seller's conditional change to price is a counteroffer.
  2. A true counteroffer rejects the original under the common exam rule.
  3. The original does not revive automatically; a new offer or renewed assent would be needed.

Answer: No. The $415,000 counteroffer ended the original offer under the stated rule.

Distinguish an inquiry

Scenario: Seller receives a $400,000 offer and asks, 'Would the buyer consider closing one week later?' without conditioning acceptance. Is that necessarily a counteroffer?

  1. The seller asks for information rather than expressly requiring a changed term.
  2. A request or inquiry does not necessarily reject the offer.
  3. The exact language and later action determine whether acceptance occurs.

Answer: No. The question can be an inquiry rather than a counteroffer.

Classify performance status

Scenario: Buyer and seller signed a valid purchase agreement, but financing, title, closing, payment, and deed delivery remain. Is it executed or executory in the performance-status sense?

  1. Signatures can establish the agreement.
  2. Material obligations remain for both parties.
  3. The tested performance status is executory until full performance.

Answer: The contract is executory.

Separate assignment and novation

Scenario: A party transfers contractual rights to another person, but the other contracting party never agrees to release the original party's duties. Is release automatic?

  1. The facts describe a transfer of rights.
  2. No agreement to substitute and release is stated.
  3. Assignment alone does not create an automatic novation or release of every obligation.

Answer: No. The facts support assignment, not an automatic novation.

Analyze a financing contingency

Scenario: A contract gives buyer a financing contingency, a written-notice deadline, and a stated termination right if financing is not obtained. The deadline passes without the required notice. What controls?

  1. Identify whom the contingency protects and the exact deadline.
  2. The contract requires written notice as part of exercising the right.
  3. The consequence depends on waiver, satisfaction, extension, and other language in the agreement.

Answer: Apply the contract's notice, deadline, waiver, and consequence terms; do not assume automatic termination.

Distinguish option and first refusal

Scenario: Owner grants Tenant a 60-day right to buy for $300,000 whether or not Owner wants to sell. Which right is described?

  1. Tenant can exercise during a fixed period on stated terms.
  2. The right does not wait for Owner's decision to sell.
  3. Those facts fit an option rather than a right of first refusal.

Answer: Tenant holds an option to purchase.

How do you answer Contracts practice questions?

  1. Write every event in chronological order, including delivery, knowledge, acceptance, revocation, deadlines, notice, performance, and breach.
  2. Name the parties and their roles: offeror, offeree, buyer, seller, optionor, optionee, assignor, assignee, landlord, tenant, or beneficiary.
  3. Test formation, capacity, legality, consideration, writing, authority, consent, and definiteness separately.
  4. Classify the contract and its current status before deciding what a party may do next.
  5. For any changed document or party, track terms, rights, duties, consent, release, and signature.
  6. For contingencies, identify the event, deadline, protected party, notice, waiver, satisfaction standard, and stated consequence.
  7. For breach, match the harmed party and contract language to a potentially available legal or equitable remedy.
  8. State the answer at the exact time asked and explain why the strongest timeline or status distractor fails.
Event
Offeree changes a material term
Likely effect
Counteroffer
Question to ask
Original rejected?
Event
Offeree asks for clarification
Likely effect
Inquiry
Question to ask
Conditional acceptance?
Event
Offeror revokes before effective acceptance
Likely effect
Offer ends
Question to ask
Notice and option?
Event
Acceptance matches offer
Likely effect
Formation possible
Question to ask
Effective when?
Event
Contingency deadline passes
Likely effect
Contract-defined effect
Question to ask
Waived or failed?
Event
Rights transferred
Likely effect
Assignment
Question to ask
Duties or prohibition?
Event
New party substitutes and original released
Likely effect
Novation
Question to ask
All required agreement?
Event
All parties fully perform
Likely effect
Executed
Question to ask
Any duty remains?
Event
Material default
Likely effect
Breach analysis
Question to ask
Remedy and notice?
Event
Owner decides to sell
Likely effect
ROFR may trigger
Question to ask
Terms and holder response?

Which outline areas does this set sample?

Topic
Contract elements
What to know
Competent parties, offer, acceptance, mutual assent, lawful purpose, consideration, definite terms, authority, writing, signature, and delivery
Best exam move
Identify which element or enforceability requirement the facts challenge.
Topic
Bilateral and unilateral contracts
What to know
Promise for promise, promise for performance, acceptance, completion, revocation, option, brokerage agreement, reward, and no label shortcut
Best exam move
Ask whether acceptance occurs through a return promise or requested performance.
Topic
Express and implied contracts
What to know
Words, oral, written, conduct, implication in fact, agreement, performance, unjust enrichment distinction, and evidence
Best exam move
Identify whether assent is stated in words or inferred from conduct.
Topic
Validity and enforceability
What to know
Valid, void, voidable, unenforceable, illegal purpose, incapacity, mistake, fraud, duress, undue influence, statute of frauds, and defense
Best exam move
Classify the defect and identify which party may assert it.
Topic
Offer requirements
What to know
Offeror, offeree, definite terms, intent, communication, duration, invitation, advertisement, earnest money, signature, and delivery
Best exam move
Confirm a present commitment with sufficiently definite terms reached the offeree.
Topic
Offer termination
What to know
Revocation, rejection, counteroffer, expiration, lapse, death, incapacity, illegality, destruction, option, notice, and timing
Best exam move
Place termination and attempted acceptance in chronological order.
Topic
Acceptance
What to know
Unequivocal, mirror image, authorized method, communication, knowledge, mailbox rule, receipt, signature, performance, and late acceptance
Best exam move
Check whether acceptance matched the offer and became effective under the supplied rule.
Topic
Counteroffers and inquiries
What to know
Changed term, conditional acceptance, rejection, new offer, original offer, question, clarification, multiple counteroffers, and revival
Best exam move
Distinguish a proposed change from a request for information.
Topic
Multiple offers
What to know
Presentation, seller decision, confidentiality, disclosure, fairness, timing, highest offer, best terms, counteroffer, acceptance, and no automatic priority
Best exam move
Apply duties and instructions without assuming the first or highest offer must be accepted.
Topic
Consideration and earnest money
What to know
Bargained exchange, promise, act, forbearance, value, adequacy, earnest money, deposit, no formation requirement assumption, and evidence
Best exam move
Separate legal consideration from the optional or negotiated amount of earnest money.
Topic
Writing and electronic signatures
What to know
Statute of frauds, real estate interest, signed writing, essential terms, electronic record, electronic signature, consent, attribution, retention, and exception
Best exam move
Identify the applicable writing issue without assuming electronic form is invalid solely because it is electronic.
Topic
Contingencies and conditions
What to know
Financing, inspection, appraisal, title, sale of property, condition precedent, condition subsequent, deadline, notice, satisfaction, waiver, and failure
Best exam move
Identify the event, benefiting party, deadline, required notice, and contractual consequence.
Topic
Addenda and amendments
What to know
Addendum, attachment, additional term, amendment, modification, existing agreement, signatures, consideration, conflict, priority, and integration
Best exam move
Ask whether the document adds terms at formation or changes the existing contract later.
Topic
Assignment, delegation, and novation
What to know
Assignor, assignee, rights, delegator, delegatee, duties, consent, release, substitution, material change, and prohibition
Best exam move
Track rights, duties, consent, and whether the original party remains liable.
Topic
Performance status
What to know
Executed, executory, substantial performance, full performance, tender, closing, time is of essence, default, and remaining duty
Best exam move
Use executed and executory in the performance-status sense stated by the exam.
Topic
Breach and remedies
What to know
Material breach, anticipatory breach, damages, liquidated damages, specific performance, rescission, restitution, mitigation, election, and equitable discretion
Best exam move
Match the breach, contract term, harmed party, and available remedy without assuming automatic relief.
Topic
Ending a contract
What to know
Performance, mutual agreement, rescission, cancellation, termination, expiration, impossibility, operation of law, breach, contingency failure, and release
Best exam move
Name the ending mechanism and whether it unwinds, stops future duties, or follows completion.
Topic
Options, first-refusal rights, and leases
What to know
Optionor, optionee, option consideration, unilateral right, exercise, deadline, right of first refusal, triggering decision, lease option, lease purchase, rent, and purchase duty
Best exam move
Identify when the purchase right arises and whether exercise is optional or already obligatory.

What should you sort out before you begin?

Terms
Valid vs. enforceable
Difference
Validity concerns contract formation and substance. Enforceability asks whether a court will provide a remedy despite a defense or formal defect.
Question cue
Agreement exists versus remedy available.
Terms
Void vs. voidable
Difference
A void agreement has no legal effect. A voidable contract remains effective unless the protected party avoids it.
Question cue
No contract versus election to avoid.
Terms
Voidable vs. unenforceable
Difference
Voidable gives a protected party the power to avoid. Unenforceable describes a valid-looking agreement blocked from judicial enforcement by a defense.
Question cue
Party election versus enforcement bar.
Terms
Bilateral vs. unilateral
Difference
A bilateral contract exchanges promises. A unilateral contract accepts through requested performance.
Question cue
Promise for promise versus promise for act.
Terms
Counteroffer vs. inquiry
Difference
A counteroffer proposes changed terms as a condition of agreement. An inquiry seeks information without necessarily rejecting.
Question cue
Conditional change versus question.
Terms
Addendum vs. amendment
Difference
An addendum adds terms or material to an agreement. An amendment changes existing terms after formation.
Question cue
Added attachment versus later modification.
Terms
Assignment vs. novation
Difference
Assignment transfers rights and may leave obligations. Novation substitutes with the agreement and release described.
Question cue
Transfer versus replacement and release.
Terms
Executed vs. executory
Difference
Executed means fully performed in the tested status sense. Executory means material duties remain.
Question cue
Complete versus pending performance.
Terms
Liquidated damages vs. specific performance
Difference
Liquidated damages use an agreed sum subject to enforceability. Specific performance is equitable relief compelling promised performance when available.
Question cue
Money clause versus court-ordered performance.
Terms
Option vs. right of first refusal
Difference
An option gives a time-limited power to buy on stated terms. A right of first refusal usually arises when the owner decides to sell on acceptable terms.
Question cue
Immediate exercise right versus sale-decision trigger.

How should you review your results?

Session
Session 1
Focus
Build formation and status
Proof you are ready
Classify 40 element, capacity, legality, consideration, writing, valid, void, voidable, unenforceable, bilateral, and unilateral scenarios.
Session
Session 2
Focus
Track offers and acceptance
Proof you are ready
Write timelines for 40 offer, delivery, revocation, rejection, counteroffer, inquiry, expiration, acceptance, and multiple-offer questions.
Session
Session 3
Focus
Practice contingencies and changes
Proof you are ready
Map event, deadline, notice, waiver, consequence, addendum, amendment, assignment, delegation, and novation in 30 scenarios.
Session
Session 4
Focus
Classify performance and ending
Proof you are ready
Separate executed, executory, performance, breach, expiration, rescission, cancellation, termination, impossibility, and release.
Session
Session 5
Focus
Practice remedies and special contracts
Proof you are ready
Compare damages, liquidated damages, specific performance, options, first-refusal rights, lease options, and lease purchases without automatic-remedy claims.
Session
Session 6
Focus
Complete mixed Contracts practice
Proof you are ready
Score at least 85% on two fresh timed sets and explain timeline, status, right, duty, remedy, and closest distractor for every uncertain item.

Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.

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Questions students ask about Real Estate Contracts Practice Questions: Illinois Exam Guide

How many Contracts questions are on the national real estate exam?

The PSI broker outline effective June 24, 2026 assigns approximately 19 of 100 scored national questions to Contracts. It is the largest national area, so formation, status, timing, performance, and remedies deserve sustained mixed practice.

What Contract topics are tested?

The current outline covers contract elements, validity, enforceability, offers, counteroffers, multiple offers, acceptance, communication, contingencies, conditions, performance, breach, remedies, assignment, novation, termination, options, rights of first refusal, purchase contracts, lease contracts, and related transaction documents.

What are the elements of a valid contract?

A common exam framework looks for legally competent parties, offer and acceptance or mutual agreement, lawful purpose, and consideration. Writing and signature may affect enforceability under a statute of frauds rather than the abstract existence of every contract. Use the governing law and exact question.

What is the difference between void and voidable?

A void agreement has no legal effect from the outset. A voidable contract is valid unless the protected party elects to avoid it. An unenforceable agreement may be valid in substance but cannot be enforced because of a legal defense such as failure to satisfy an applicable writing requirement.

Does a counteroffer reject the original offer?

Under the common exam rule, a true counteroffer rejects the original offer and proposes new terms. A request for information does not necessarily do so. Identify whether the offeree conditionally accepted or merely asked a question, and track any later revival as a new offer rather than automatic resurrection.

What is the difference between assignment and novation?

Assignment transfers contractual rights, and delegation can transfer duties, subject to the agreement and law. Novation substitutes a new party or obligation with the required agreement and releases the original obligation as stated. Assignment alone does not automatically release the assignor from every duty.

What is the difference between executed and executory?

An executed contract has been fully performed by all parties. An executory contract still has material performance due. A signed purchase contract is usually executory before closing even though it has been executed in the sense of signed; use the exam's performance-status meaning.

What remedies should I practice?

Practice damages, liquidated damages, specific performance, rescission, cancellation, termination, forfeiture, and other remedies at the general exam level. Contract language, election rules, mitigation, equitable discretion, statute, and facts govern actual availability. Do not assume one remedy is automatic.

What practice score should I target in Contracts?

Aim for at least 85% on fresh mixed Contract sets and explain the timeline, status, party right, triggering fact, and strongest distractor for every uncertain answer. Because Contracts carries about 19 questions, repeated confusion here can dominate the national result.

Are these official PSI Contracts questions?

No. They are original practice examples aligned to the current PSI broker outline. The outline and primary Illinois, federal electronic-signature, mortgage-disclosure, and licensing sources were checked through August 1, 2026.

Primary sources

The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.

Editorial status

Checked against primary sources

The Pass Illinois editorial team last checked this guide on August 1, 2026. Every practice question is an original study item, and the source links above let you verify the rules that support the lesson.

Read our editorial and corrections process

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