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16 Cards in this Set

  • Front
  • Back

Uniform Electronic Transaction Act (UETA)

Contracts can be created by electronic means such as email and faxes; electronic signatures are binding

Right of first opportunity to purchase

right of a party to have opportunity of first purchase or lease real estate for designated price

Right of first refusal

When property owner promises to give contracting party first chance to buy the property or match a 3rd party offer

Preemptive right

provision giving a person the first right to purchase real property

Optionor

property owner

optionee

possible buyer

option

agreement between owner and possible buyer secured by payment of OPTION FEE to buy or NOT to buy in specific time; non-refundable

offer

promise by one party to act or perform in a certain manner if other party agrees to act or perform as requested; intention to create contract

offeree

Buyer; receiving offer

offeror

Seller; person who makes offer

Mailbox rule

once written acceptance is placed in control of mail service, it is ACCEPTED

Installment land contract

Sales contract & financing document for owner financed purchases

Due Diligence

Examination period buyer has to inspect property under contract

Contingency

provision in a contract that requires certain act to be done or a certain event to occur before binding

Backup offer

Offer submitted to property owner with knowledge that other owner is already under contract; secondary offer

Acceptance

expression of intent by offeree to be bound by terms of the offer; in writing + communicated to opposite party to create contract