Nat 5 Flashcards

1
Q

An invitation to enter into a contract

A

Offer

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2
Q

Money given by the buyer to show good faith intention to compleat the contract

A

Earnest money

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3
Q

Arizona law requires that unless otherwise agreed to in writing, the broker must place earnest money in a

A

Trust account or escrow

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4
Q

Clause that makes the sale contingent upon a certain event

A

Contingency clause

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5
Q

Makes the sale contingent upon the buyer obtaining financing

A

Mortgage contingency clause

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6
Q

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

A

Liquidated damages

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7
Q

A court order to enforce the terms of a contract

A

Specific performance

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8
Q

Making over statements of personal opinion

A

Puffing

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9
Q

False statements of material facts

A

Misrepresentation

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10
Q

Occurred when a person intentionally misrepresents facts

A

Fraudulent misrepresentation

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11
Q

Insurance that insures licensees against errors or omissions the agent makes

A

Errors and omissions (E&O) insurance

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12
Q

Provision whereby one party agrees to protect another party from damages or lawsuits
AKA hold harmless clause

A

Indemnification clause

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13
Q

The legal remedy of canceling a contract and restoring the parties to their original positions prior to entering into the contract

A

Rescission of contract

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14
Q

A dispute resolution process conducted by an independent third party mediator who works with the parties to help resolve their differences

A

Mediation

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15
Q

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

A

Arbitration

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