Contracts Flashcards
Unilateral contracts
Open listings
Options
Only one party obligated to perform
Bilateral contracts
Exclusive listings
Leases
Sales contracts
Both parties r obligated to perform
Express contract/agency
Express intent is done orally or in writing
Executory contract
One or both parties still have to perform duties
In executed contract
All parties have fulfilled their obligations
Void Contracts
It is missing essential elements and is unenforceable by either party
Valid if opposite
Voidable Contracts
It can be rescinded by one or both parties.
Also contract entered into under duress, undue influence, misrepresentation, fraud, or with a minor, or incompetent person r voidable by the innocent party.
Contract w/contingency that Connor be met
Unenforceable Contracts
If neither party can sue to force performance of the contract
Real Estate Contract must be signed
An oral agreement
Statue of frauds
Require certain instruments, such as deeds, real estate sales and contracts, and certain leases be in writing to be legally enforceable.
Addendum
Change to original contract, and is part of it.
Sign initial and date amendment
Contingency Clause
Until fulfilled contract is voidable or unenforceable