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19 Cards in this Set

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  • Back
A void contract is one that is

a. not in writing
b. not legally enforceable
c. rescindable by agreement
d. voidable by only one of the parties
b. not legally enforceable
the legal proceeding or legal action brought by either the buyer or the seller under a purchase contract to enforce the terms of the contract is known as

a. an injunction
b. a lis pendens
c. an attachment
d. specific performance
d. specific performance
The essential elements of a contract include all of the following EXCEPT

a. offer and acceptance
b. notarized signatures
c. competent parties
d. consideration
b. notarized signatures
A written real estate contract is assumed to be the complete agreement of the parties because of the

a. Statute of Frauds
b. Parol evidence rule
c. Statute of limitations
d. Rule of contracts
b. Parol evidence rule
The term “rescind” means

a. change
b. cancel
c. substitute
d. subordinate
b. cancel
All of the following are essential to the formation of a contract EXCEPT

a. offer
b. acceptance
c. consideration
d. performance
d. performance
A bilateral contract is one in which

a. only one of the parties is obligated to act
b. the promise of one party is given in exchange for the promise of the other party
c. something is to be done by one party only
d. a restriction is placed in the contract by one party to limit the performance by the other
b. the promise of one party is given in exchange for the promise of the other party
The law that requires real estate contracts to be in writing to be enforceable is the

a. law of descent and distribution
b. Statute of Frauds
c. Parol evidence rule
d. Statute of limitations
b. Statute of Frauds
A breach of contract is a refusal or a failure to comply with the terms of the contract. If the seller breaches the purchase contract, the buyer may do all of the following EXCEPT

a. sue the seller for specific performance
b. rescind the contract and recover the earnest money
c. sue the seller for damages
d. sue the broker for nonperformance
d. sue the broker for nonperformance
Every real estate contract must have a(n)

a. grantor and grantee
b. offer and acceptance
c. acknowledgement by a notary
d. legal description
b. offer and acceptance
At the time a buyer was negotiating the purchase of a lot on which to build a new home, the seller represented that the soil is firm enough to support the construction of a building when, in fact, the seller know it is not. This contract is

a. void
b. voidable by the buyer because of fraud
c. voidable by the seller because of the mistake
d. voidable by neither party because no harm was done yet
b. voidable by the buyer because of fraud
After the buyer and seller have signed a sales contract, the seller changes his mind and defaults. The buyer sues the seller to force him to go through with the contract. This is known as a suit for

a. specific performance
b. damages
c. rescission
d. forfeiture
a. specific performance
A person must accept an offer to enter into a contract before

a. the payment of any money
b. the death of the offeror
c. the close of the 10th business day following the offer
d. a similar offer is made to a third party
b. the death of the offeror
A contract agreed to under duress is

a. voidable
b. breached
c. discharged
d. void
a. voidable
All of the following will terminate an offer EXCEPT

a. revocation of the offer before acceptance
b. death of the offeror before acceptance
c. a counteroffer by the offeree
d. an offer from a third party
d. an offer from a third party
An offeree has the right to

a. reject an offer
b. revoke an offer
c. rescind an offer
d. release an offer
a. reject an offer
Which of the following best describes a contract that is voidable?

a. the contract has no legal effect.
b. The contract is oral.
c. The contract may be valid.
d. The contract has not been signed.
c. The contract may be valid.
A broker took a listing and later discovered that the client was previously declared legally incompetent. The listing is now

a. binding because the broker was acting as the owner’s agent in good faith
b. of no value to the broker because it is now void
c. the basis for the recovery of a commission if the broker produces a buyer
d. renegotiable
b. of no value to the broker because it is now void
To assign a contract for the sale of real estate means to

a. record the contract with the county recorder’s office
b. permit another broker to act as agent for the principal
c. transfer ones rights under the contract
d. allow the seller and the buyer to exchange positions
c. transfer ones rights under the contract