Contracts Flashcards

1
Q

For a meeting if the minds to exist:

A

There must be a written agreement between the offer or and the offeree.

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2
Q

When an agent accepts a listing on real property and promises to advertise and promote its sale in exchange for the promos of a commission if the agent succeeds, this is:

A

A bilateral contract

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3
Q

Every real estate sales contract must contain:

A

An offer and acceptance

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4
Q

The amount of earnest money deposited is determined by:

A

Agreement if the parties.

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5
Q

When only one party to the agreement makes a promise this is called a:

A

Unilateral contract.

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6
Q

A counteroffer:

A

Invalidates the original offer

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7
Q

Is a purchaser had signed a contact under duress, it is generally:

A

Voidable by the buyer

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8
Q

A real estate sales contract is not effective unless it is signed by:

A

Both the buyer and seller

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9
Q

A novation is BEST defined as:

A

The substitution of one party for another in a contact wherein the original contact is extinguished and the undertaking of the new party is a new obligation.

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10
Q

The law that bars legal claims after certain periods of time is known as the:

A

Statute of limitations

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11
Q

A contact in which the terms are determined from observing the conduct of the parties is a/an: ____________ contact

A

Implied

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12
Q

A contract in which a promise is exchanged for a promise is:

A

Bilateral

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13
Q

A contract in which both parties have met all obligations is:

A

Executed

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14
Q

A contact that lacks one or more of the essential elements of a contact is:

A

Void

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15
Q

A contact which allows one of the parties to elect to be bound to the contract or escape its consequences is:

A

Voidable

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16
Q

A proposal make by one person to another is called:

A

An offer

17
Q

The substitution of a new contract for an old contract which discharges all obligations under the old contract is called:

A

Novation

18
Q

A substitution of a party to a contact which excuses one of the original parties is called:

A

Assignment

19
Q

A purchase contract provision stating that the buyer shall forfeit the deposit of the buyer fails to complete the purchase is know as:

A

Liquidation damages