Unit 9 Basic Contract Law Flashcards
To be enforceable, contracts for the purchase and sale of real estate would need all of the following EXCEPT
A mentally capable parties that understand the terms of the contract.
B earnest money deposit that accompanies the contract.
C mutually acceptable terms of the agreement.
D to be in writing and signed by all parties to be charged.
B earnest money deposit that accompanies the contract.
A real estate license gives the broker the right to
A draft offers to purchase for a client.
B fill in the blanks on pre-printed standard forms.
C act as a principal to the contract.
D perform as a notary public.
B fill in the blanks on pre-printed standard forms.
The injured party in a real estate transaction with the right to a suit for specific performance is typically the A broker. B buyer. C title company. D lender.
B buyer.
To be enforceable, a contract must be entered into by a person who is at least A 16 years old. B 18 years old. C 21 years old. D 25 years old.
B 18 years old.
A contract is said to be bilateral if
A one of the parties is a real estate broker.
B the contract has yet to be fully performed.
C only one party to the agreement is bound to act.
D all parties to the contract are bound to act.
D all parties to the contract are bound to act.
During the period of time after a valid real estate sales contract is created, but before title actually passes, the status of the contract is A void. B executory. C executed. D unilateral.
B executory.
A buyer is under contract but would rather let her friend buy it. Unless the contract prohibits it, the friend can take over the buyer’s obligation by the process known as A assignment. B substantial performance. C subordination. D mutual consent.
A assignment.
All of the following persons would have the potential of creating a voidable contract EXCEPT
A a seller that was taking strong pain medication after surgery.
B a seller that drank a bottle of champagne prior to signing the contract.
C a buyer that does not read well.
D a buyer that will turn 18 after closing the transaction.
C a buyer that does not read well.
A traveler orders a meal in a restaurant. She is obligated to pay for the meal through what kind of contract? A Express B Implied C Voluntary D Executed
B Implied
A seller is under contract to convey ownership of a property to a buyer. The seller changes his mind, and the buyer sues for specific performance. What is the buyer seeking in the lawsuit? A Money damages B New contract C Deficiency judgment D Conveyance of the property
D Conveyance of the property
In which of the following situations has reality of consent been reached?
A Seller signed sales contract at gunpoint.
B Buyer’s spouse threatened divorce if buyer did not buy property.
C Listing agent lied about completion dates of recreational amenities.
D Seller lied about her motivation for selling.
D Seller lied about her motivation for selling.
A buyer submits an offer to purchase property through the use of his exclusive buyer’s agent. After the buyer’s agent has delivered the offer to the listing agent at the other firm, the buyer calls and asks the buyer’s agent to cancel the offer since he has located a different property that he likes better. The buyer’s agent cannot revoke the offer if the
A listing agent has already presented the offer to the seller.
B seller has already signed the offer but has not told anyone.
C listing agent has sent an email to the buyer’s agent saying that the seller signed the offer.
D seller signed the offer after making one change about removing a ceiling fan.
C listing agent has sent an email to the buyer’s agent saying that the seller signed the offer.
A contract states that closing will take place on or before June 22 of this year and “time is of the essence.” If the buyer cannot close until June 26,
I the buyer has breached the contract.
II the seller can potentially terminate the contract.
A I only
B II only
C Both I and II
D Neither I nor II
C Both I and II
A builder/seller advertising a selling bonus to any selling agent is an example of A a voidable contract. B an unilateral contract. C a bilateral contract. D an open listing contract.
B an unilateral contract.
A buyer makes an offer to a seller. The seller in this transaction would be described as the A grantee. B minor. C assignee. D offeree.
D offeree.