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17 Cards in this Set

  • Front
  • Back

Real estate licensee can prepare?

1.A listing contract


2.buyer broker agreement


3.sales and purchase contracts


4. option contracts.

Licensees can NOT prepare?

1.Deeds


2. mortgage


3.promissory note


4. agreement for Deeds (a financing. instrument)

Over one year lease term

Agreement must be in writing to be enforceable (per statutes of fraud)

File civil action within 4 years

Action found on oral (parol) agreement (statute of limitation)

File civil action within 5 years

Action found on a written instrument (statute of limitation)

Four elements for a valid contract

1.Competent parties


2.meeting of the minds (Mutual assent)


3.legal purpose


4. consideration (promise for a promise)

One additional element for enforceable contract

Agreement must be in writing and signed by the parties to enforce in a civil court

Four classifications of contracts

1.Bilateral and unilateral


2. expressed or implied


3. executory or executed


4. formal and Parol

2 (both) parties must perform

Bilateral contract

Only one party must perform

unilateral contract (example: option contract)

Three types of listing contracts

1.Open listing


2. exclusive listing


3. exclusive right of sale listing

Dwellings built prior to 1978

Lead-based paint disclosure is required (sale and Lease transactions)

10-day opportunity to conduct

Risk assessment the 10 period May be reduced or waived

Three days to void contract

After receipt of a homeowner association "disclosure summary"

More than 20 new condo units

Developer must give "prospectus" disclosure to purchase

15 day to cancel contract

New condo unit

3 business days to cancel a contract

Existing condo unit