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Exam distinction · Contracts

Executed Versus Executory Contract

An executed contract, when classifying performance status, has been fully performed. An executory contract still has material duties remaining. A signed purchase agreement awaiting closing is normally executory. Read context because the verb executed can also mean that a document was signed, which is not the same classification question.

Facts checked against the current PSI Candidate Information Bulletin and GREC sources. Editorial standards.

What is the exam-ready distinction?

An executed contract, when classifying performance status, has been fully performed. An executory contract still has material duties remaining. A signed purchase agreement awaiting closing is normally executory. Read context because the verb executed can also mean that a document was signed, which is not the same classification question.
Official syllabus mapping for Executed Versus Executory Contract
Official syllabus topicContracts: Contract Status; Executed and Executory
Official PSI areaContracts
Published weight19% of the 100-question national portion
Source editionPSI Georgia Candidate Information Bulletin dated July 1, 2026

The Rule

PSI publishes a weight for the complete official area, not a guaranteed count for this individual comparison. Use the source, document, actor, event, and timing stated in the question before applying a memorized definition.

Side-by-side comparison

Read across each row. The terms are deliberately compared on identical dimensions so the difference remains clear when the exam hides the vocabulary inside a scenario.

Comparison of Executed contract, Executory contract
Decision dimensionExecuted contractExecutory contract
Performance statusAll promised performance has been completedOne or more material duties remain
TimingAfter final performanceBetween formation and full performance
Real estate exampleClosed sale with required performance completeSigned purchase agreement awaiting closing
Word cautionExecuted can also mean signed in a document-execution contextExecutory specifically focuses on remaining duties

Decision rule

Determine whether the question asks about signing or performance, then list every material duty that remains.

Georgia-specific distinction

Georgia purchase contracts are usually executory between binding agreement and closing because payment, title transfer, and other obligations remain. Legal completion depends on the contract's terms and actual performance.

Worked example

Scenario. Buyer and seller sign a purchase agreement today, with inspections, financing, payment, and deed delivery still ahead.

Reason it through. The document has been signed, but substantial contractual duties remain before completion.

Answer. The contract is executory in the performance-status sense.

Common exam traps

  • Equating signature with full performance
  • Calling an executory contract invalid
  • Ignoring remaining contingencies and duties
  • Confusing executed contract with executed deed

Original practice questions with detailed explanations

These are original instructional questions mapped to the July 1, 2026 PSI outline. They are not copied from PSI or any live examination. Choose an answer before opening the explanation.

Question 1

Buyer and seller sign a Georgia purchase agreement today. Inspections, financing, payment and deed delivery are still ahead. In performance terms, how is the contract classified?

  1. A. Executed, because both parties have signed it
  2. B. Void, until the closing takes place
  3. C. Executory, because material duties remain
  4. D. Unilateral, because only the buyer must perform
Show answer and explanation →

Answer: C. Executory, because material duties remain

An executory contract still has material duties to perform, and here payment, financing and deed delivery remain. The trap is the word executed, which can mean signed, but signing does not mean the contract has been fully performed.

Question 2

A sale has closed. The buyer paid in full, the seller delivered the deed, and no obligations remain. How is the purchase contract now classified?

  1. A. Executory
  2. B. Executed
  3. C. Voidable
  4. D. Implied
Show answer and explanation →

Answer: B. Executed

In the performance sense, an executed contract is one that has been fully performed. Payment and deed delivery are done and nothing remains, so the contract is executed. Executory would fit only while duties are still outstanding.

Question 3

A practice question says a listing agreement "was executed on March 3," and the listing period runs until September 3. What does "executed" most likely mean in that sentence?

  1. A. That the listing was fully performed on March 3
  2. B. That the property sold on March 3
  3. C. That the listing ended on March 3
  4. D. That the agreement was signed on March 3
Show answer and explanation →

Answer: D. That the agreement was signed on March 3

Executed can mean that a document was signed, which is a different question from whether a contract has been fully performed. A listing that runs until September 3 cannot have been fully performed on March 3, so the word here refers to signing. Reading every use of executed as full performance is the trap.

Ready to move on?

You have this distinction down when all of these are true.

  • Define every compared term without using the other term as the definition.
  • Rebuild the comparison table from memory.
  • State the decision rule and Georgia distinction without notes.
  • Solve the worked example after changing one key fact.
  • Explain the rule or fact that makes each distractor wrong.
  • Answer all three original questions correctly in mixed practice on a later day.

Recommended next lesson

Continue with Bilateral Versus Unilateral Contract. Performance status is one way to classify a contract, and the next page asks how it was formed, separating a bilateral contract of promise for promise from a unilateral one accepted by performance.

Return to the complete exam-concept library or the Contracts hub.

Executed Versus Executory Contract questions

Facts checked against the current PSI Candidate Information Bulletin and GREC sources. Editorial standards.

Is Executed Versus Executory Contract on the Georgia real estate exam?

Yes. It maps to the official Contracts area, which represents 19% of the 100-question national portion. PSI does not publish a guaranteed question count for this individual distinction.

What is the fastest way to distinguish Executed Versus Executory Contract?

Determine whether the question asks about signing or performance, then list every material duty that remains.

What Georgia-specific point should I remember?

Georgia purchase contracts are usually executory between binding agreement and closing because payment, title transfer, and other obligations remain. Legal completion depends on the contract's terms and actual performance.

How should I study similar-looking real estate terms?

Compare the terms across the same dimensions, classify the key fact before reading the choices, explain why each distractor belongs to a different concept, and retest the distinction later in mixed practice.