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20 Cards in this Set

  • Front
  • Back
What must a contract have to be valid and enforcceable?
COLIC
Competent partiess
Offer and acceptance
Legal Purpose
In writing (statute of frauds)
Consideration (not earnest $)
Is a contract not in writing valid?
yes, but not enforceable
Does a lease for less than a year have to be in writing?
no
What is a void/invalid contract?
no binding effect on parties who made it
What is a contract made with an insane person?
void/invalid
What is a voidable contract?
one party has right to withdraw
A contract with a minor, person under duress, or under the influence?
voidable
Difference in express and implied contract?
express=written or stated oral
implied=by actions or evidence
What kind of contract is an option?
unilateral
An modification to an existing contract?
amendmnents
What is a contract for deed?
seller financing where seller holds the deed. title retention protects seller. vendor and vendee must sign
What is novation
substitution a new contract for old one
Assignment
substitute new party ion existing contract
What can be used to shield the id of a buyer?
assignment
Is a counter offer a rejection or acceptance?
rejection of offer with a new offer presented
When does a offer become a binding contract?
When it is SIGNED and acceptance is COMMUNICATED to the offering party and commission is earned
What is an executory contract?
One not carried out but signed ex: contract for deed
If one party dies is the contract binding on heirs?
yes
Hold over tenant?
no longer has any right to remain on property
Tenancy at sufferance?
when lease expires but tenant remains