CH 6 Flashcards

1
Q

An express contract may be

A

Written or Verbal

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2
Q

A bilateral contract occurs when

A

a promise to perform from a party is met by an equal promise.

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3
Q

A contract that is considered valid would be unenforceable if

A

rejected by one party is voidable

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4
Q

A valid, effective, and enforceable contract includes

A

Mutual consent, capacity to contract, consideration, and a lawful object

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5
Q

Under the State of Frauds, a real estate listing or purchase agreement must be in

A

writing but not commission-sharing agreements

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6
Q

Structural pest control reports include

A

Section 1 and 2

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7
Q

A national hazard disclosure statement is required only for

A

one-to-four unit properties

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8
Q

A master insurance policy is obtained for

A

Condominium properties

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9
Q

Regulation Z defines a creditor as

A

one who extends credit secured by a dwelling more than five times a year

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10
Q

The primary regulator for residential lending is

A

the department of housing and urban development (HUD)

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11
Q

department of housing and urban development (HUD)

A

The primary regulator for residential lending

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12
Q

Bilateral Contract

A

Is a reciprocal arrangement between two parties where each promises to perform an act in exchange for the other party’s act. Each party is an (a person who is bound to another) to its own promise, and an obligee (a person to whom another is obligated or bound) on the other party’s promise.

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13
Q

Executory Contract

A

Is a contract made by two parties in which the terms are set to be fulfilled at a later date. The contract stipulates that both sides still have duties to perform before it becomes fully executed. The contract is often in place between a debtor or borrower and another party.

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14
Q

Express Contract

A

An exchange of promises in which the terms by which the parties agree to be bound are declared either orally or in writing, or a combination of both, at the time it is made.

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15
Q

Hazard Insurance

A

Hazard insurance generally refers to coverage for the structure of your home only. It may cover “hazards” such as fire damage, hail damage, theft, vandalism, and more.

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16
Q

High fire hazard

A

k

17
Q

implied contracts

A

An implied contract is an agreement created by actions of the parties involved, but it is not written or spoken. This is a contract assumed to have been drawn. In this case, there is no written record nor any actual verbal agreement. A form of an implied contract is an implied warranty provided automatically by law.

18
Q

TILA?

A

Truth in Lending Act (TILA) of 1968 is United States federal law designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed.

19
Q

RESPA?

A

Real Estate Settlement Procedures Act- RESPA requires that lenders provide greater amounts of information to prospective borrowers at certain points in the loan settlement process. It also prohibits the various parties involved from paying kickbacks to each other.

20
Q

Statue of Frauds

A

The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a writing, signed by the party to be charged, with sufficient content to evidence the contract.

21
Q

Unilateral Contract

A

A unilateral contract is a legally enforceable promise - between legally competent parties - to do or refrain from doing a specified, legal act or acts. In a unilateral contract, one party pays the other party to perform a certain duty.

22
Q

Bilateral vs Unilateral Contracts

A

Bilateral is a reciprocal arrangement between two parties where each promises to perform an act in exchange for the other party’s act.

Unilateral contract is a legally enforceable promise to do or refrain from doing a specified, legal act or acts.