Contracts

    Executed vs Executory Contract

    An executed contract is fully performed by both parties; an executory contract still has obligations left to complete.

    An executed contract is one in which both parties have fully performed all of their obligations, such as a sale that has closed. An executory contract is one in which something remains to be done.

    A signed purchase contract before closing is executory, because the parties still have to close. After closing, the contract is executed.

    On the exam

    Executed means fully performed. Executory means obligations remain. A pending sale is executory until closing.

    Exam trap

    Do not confuse executed (fully performed) with merely signed. A signed contract awaiting closing is executory, not executed.

    Tested in

    Contracts (12% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.