Nat 5 Flashcards
An invitation to enter into a contract
Offer
Money given by the buyer to show good faith intention to compleat the contract
Earnest money
Arizona law requires that unless otherwise agreed to in writing, the broker must place earnest money in a
Trust account or escrow
Clause that makes the sale contingent upon a certain event
Contingency clause
Makes the sale contingent upon the buyer obtaining financing
Mortgage contingency clause
The amount pre-determined by the parties as the total amount of compensation an injured party should receive if the the other party breaches a specified part of the contract
Liquidated damages
A court order to enforce the terms of a contract
Specific performance
Making over statements of personal opinion
Puffing
False statements of material facts
Misrepresentation
Occurred when a person intentionally misrepresents facts
Fraudulent misrepresentation
Insurance that insures licensees against errors or omissions the agent makes
Errors and omissions (E&O) insurance
Provision whereby one party agrees to protect another party from damages or lawsuits
AKA hold harmless clause
Indemnification clause
The legal remedy of canceling a contract and restoring the parties to their original positions prior to entering into the contract
Rescission of contract
A dispute resolution process conducted by an independent third party mediator who works with the parties to help resolve their differences
Mediation
The non-judicial submission of a dispute to a third party arbitrator with both parties agreeing in advance to comply with the final decision of the arbitrator
Arbitration