Chapter 6 Flashcards
The Statute of Frauds
states that all agreements affecting title to or interest in real estate be in writing and signed by the parties. An oral agreement of sale is void
bilateral contract
one in which both parties promise to perform their respective parts of an agreement in exchange for performance by the other party.
four ways to construe a contract
valid, valid but enforceable, void, voidable
contingencies
conditions that must be met in order for a contract to be performed
legal description
Therefore, a precise description of the location of the land is required so the parties know exactly what property is being transferred from seller to buyer.
express contract
all the terms and covenants of the agreement have been clearly stated and agreed to by all parties, whether verbally or in writing.
implied contract
is an unstated or unintentional agreement that may be considered to exist when the actions of any of the parties suggest the existence of an agreement.
executory contract
one in which performance is yet to be completed.
Doctrine of Laches
a court has determined a contract is unenforceable due to needless delay or neglect in filing a claim even though the Statute of Limitations may not have expired