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D is corrent because Lebow’s acceptance created a contract due to the fact Foster had not revoked the offer prior to acceptance. Since the offer did not qualify as a firm offer (i.e., did not involve the sale of goods) or an option (i.e., no consideration was given), Foster had the power to revoke the offer. However, a revocation must be communicated to the offeree to terminate the offer. Consequently, the offer was in existence when accepted by Lebow.
A is incorrect because even though specific performance is normally available as a remedy for breach of a real property contract, Foster had already sold the property to a good-faith purchaser. Consequently, Lebow’s only remedy would be monetary damages.
A is incorrect because even though specific performance is normally available as a remedy for breach of a real property contract, Foster had already sold the property to a good-faith purchaser. Consequently, Lebow’s only remedy would be monetary damages.
C is incorrect because a revocation must be communicated to the offeree to terminate the offer, thus Foster never effectively revoked the offer. Lebow therefore is entitled to damages.