California Real Estate Practice Exam

Which of the following phrases would best bind all parties to pay their debts?

1. Individually

2. Individually and severally

3. Jointly

4. Jointly and severally

The correct answer is: Individually

The phrase that best binds all parties to pay their debts is "jointly and severally." When parties are obligated to pay "jointly and severally," they are collectively responsible for the entire debt, but each individual is also responsible for the full amount independently. This means that a creditor can choose to pursue any one of the parties for the entire debt, ensuring that the obligation is secured from all angles. This provides an additional layer of security for creditors, as they are not limited to seeking repayment only from the group collectively, but can also target individual parties if necessary. In contrast, "individually" implies that each party bears their own separate responsibility without shared liability. "Jointly" indicates that the parties share a common obligation, but does not account for the individual responsibility of each. Therefore, using "jointly and severally" is the most comprehensive approach to enforce debt repayment among all parties involved.