Section 11 - Real Estate Contracts Flashcards
True or false,The definition of a contract is a binding agreement between two or more parties. It is an agreement to do illegal act for legal consideration.
True
When assigning a contract to another party, novation keeps the original party obligated to the terms of the contract should the new party fail to perform.
False
Novation relieves the original party from the obligation
True or false, Options are an agreement between a property owner and a buyer that gives the buyer the right to purchase a contract without the obligation to actually do so.
True
True or false, The person who makes the offer is the offeror. While the person who has the offer made to him/her is the offeree.
True
True or false, if a buyer rejects a counter offer, the seller can sign the original offer and go forward with the sale obligating the buyer.
False
Upon making the counter offer, the original offer was terminated and cannot later be accepted should the sellers counter not be accepted.
True or false, meeting of the minds is when two parties reach an agreement through mutual assent.
True
True or false, the promise to perform and fulfill the contract requires either valuable consideration which can be measured in terms of money or good consideration which cannot be measured in terms of money such as love and affection.
True
True or false, a contract can only be entered into win the terms are clearly understood and expressed between parties of the contract.
False
The terms of an expressed contract are spelled out in detail in the contract. Implied contracts, on the other hand are contracts where the parties never verbally or in writing formally agreed to enter into a contract but ended up in a contract based on the implication of their actions.
True or false, by law, minors have the legal capacity to enter into an enforceable contract.
False
By law, miners do not have the legal capacity to enter into an enforceable contract. Therefore, a minor may enter into a contract, but the contract is voidable by the minor.
True or false, working in the role as a real estate licensee automatically gives the broker the right to sign on behalf of the buyer or seller for a purchase and sale agreement.
False
Acting in the role of a real estate licensee on behalf of the buyer or seller does not give the licensee the power to bind a buyer or seller to a sale by signing in their place. Only someone who is an attorney-in-fact and has power of attorney and can sign a contract for another person.
Remedies for breach of contract include all of the following except:
1) Execution
2) Liquidated damages
3) Rescission
4) Compensatory damages
Execution
For a contract to be valid it must be all which of the following standards?
1) Contractual capacity of the parties
2) Written offer and acceptance
3) Legality of object
4) Consideration
Written offer and acceptance
Broker apple daily didn’t know that her agent beth Bagley was acting in a way that would cause harm to the client. Which of the following statements is not true.
1) broker appellee daily could be charged with culpable negligence
2) Beth Begley cannot be charged with culpable negligence since the client actually belongs to broker apple Daily
3) Both broker apple daily and Beth Bagley could be charged as a misdemeanor of the 2nd degree
4) It is unethical for real estate agents to engage in culpable negligence
Beth Bagley cannot be charged with culpable negligence since the client actually belongs to broker apple daily
Which of the following is not an example of a bilateral contract?
A purchase and sale contract between a buyer and seller
An option contract
An exclusive right to sell listing agreement between a seller and a broker
A lease agreement
An option contract
Which of the following is an example of an executed contract?
Rob waiting to do inspections before completing a home purchase
Mary waiting for financing approval
Todd having signed a deed to transfer property and excepting final payment
Jeb who signed a counter offer
Todd having signed a deed to transfer property and accepting final payment