Contracts And Relationship With Buyers And Sellers Flashcards

1
Q

What form would be used to ask for a different closing date during escrow?

A

An addendum

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2
Q

When writing an offer, a licensee may

A

Fill in the blanks

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3
Q

During escrow what rights does a buyer have to the subject property?

A

Equitable title

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4
Q

When does an offer expire?

A

As per the offer terms

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5
Q

Can a seller accept an offer that has expired?

A

Yes, but the buyer needs to acknowledge the late acceptance

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6
Q

What does lis pendens mean?

A

Lawsuit pending

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7
Q

Can a seller accept an offer from buyer #2 while waiting to hear if buyer #1 will accept the seller’s counter-offer?

A

Yes, but they should withdraw the counter-offer made to buyer #1

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8
Q

Which is not a seller’s remedy after a buyer default during escrow?

A

Misrepresentation

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9
Q

If two parties sign a contract to rob a bank it is?

A

Void

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10
Q

What law says a real estate contract must be in writing?

A

Statute of Frauds

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11
Q

If a party signs a contract because they fear for their life, what has occurred?

A

Duress

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12
Q

Transferring an intangible right to a contract in escrow is called?

A

Assignment

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13
Q

A lender can transfer their interest to a loan to another lender with this provision

A

Novation

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14
Q

Putting parties back to their original position before the contract was formed is called

A

Rescission

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15
Q

A party can use the courts to force a party to an earnest money agreement to preform per the contract with this

A

Specific performance

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16
Q

Settling for the earnest money deposit as a remedy for a contract default is called

A

Liquidated damages

17
Q

Which type of listing agreement allows a seller to list with 4 brokers and only pay the one who sells it?

A

Open listing

18
Q

Which type of listing agreement allows a broker to insist on payment of the commission regardless of who sells the property?

A

Exclusive right to sell

19
Q

What is true regarding an option in real estate?
It must have consideration, they are optional, they are illegal, or they may not be assigned

A

a. It must have consideration

20
Q

In a typical land sales contract, when does the buyer get legal title to the property?

A

When they make the last payment

21
Q

What arrangement allows a neutral third party to follow the instructions of the sale after closing?

A

Escrow agreements

22
Q

As agents, what may we do with a pre-printed offer to purchase?

A

Fill in the blanks for ourselves

23
Q

If the buyer wishes to extend the closing date of a contract in escrow, what would you use?

A

An addendum

24
Q

Who is the party making a counter-offer?

A

The offeror

25
The contract clause that allows a broker to seek the court’s help to determine which party gets the earnest money in a disputed sale is
Interpleader clause
26
Can a seller fire their listing broker?
Yes, but the seller may be liable for damages
27
if a party signs a contract while on drugs it is
Voidable
28
If a seller changes the down payment requirement but not the price in a counter, is it a deal?
Only if the buyer agrees in writing to the change
29
What is defined as an offer rejection and a counter-proposal back?
Counter-offer
30
What is an executory contract?
A contract awaiting completion
31
Which is not a type of seller listing contract? Exclusive agency listing, open listing, exclusive right to sell listing, exclusive open listing
Exclusive open listing
32
An agreement to keep open the right to buy a property at a certain price but has no buyer performance obligation is called?
Option
33
Exclusive right to sell means?
The listing broker gets paid regardless who sells it during the listing period
34
What happens to a real estate contract when one of the principals dies?
The seller’s estate may be liable to complete the contract
35
If a party signs a contract while intoxicated it is?
Voidable
36
Broker himself is the buyer, but the sale falls. Is it OK for the broker to give himself back the deposit without the seller's written consent?
If the contract terms stipulate the return this way