Real Estate Chapter 6 Intro To Contracts Flashcards
Contract
Is an agreement between two or more parties in which each party agreers to do something or not do something.
Contract for sale
A written agreement between seller and purchaser in which the purchaser agrees to buy certain real estate, ant the seller agrees to sell, upon the
Statute of fraud
A state law that provides that certain contracts must be in writing in order to be enforceable; applies to deeds, mortgages, and other real estate contracts, with the exception of leases for periods shorter than 1 year.
Vendor
Is the seller
Vendee
Is the buyer
Lessor
The one who gives property for another’s use
Lessee
The user of the property
(The borrower) mortgagor
The one who pledges property as collateral for a debt
Mortgagee
The lender receives the mortgage
The four elements of a contract
- Mutual agreement ( offer and acceptance
- Consideration
- legally competent parties
- lawful purpose
Mutual agreement
That parties must agree. There is an offer and acceptance of that offer.
Counteroffer
Any change that a party makes to an offer received constitutes a rejection of that offer and, if presented, a substitution of a new offer.
Consideration
Is something of value that is provided.
Valuable consideration
Is money given in exchange for property. Another common form of consideration, in a gift, is live and affection. Called good consideration.
Legally competent competent parties
Parties in real estate are adults are I. Age, 18 or 21 in most state (not minors), who are mentally competent. An illiterate person may enter a contract when the written words have been read or explained.