N5 Purchase Contracts Flashcards

1
Q

The Three purposes of a Purchase Agreement.

a.
b.
c.

A

a. Copy of the offeror’s offer
b. Legally binding contract upon acceptance
c. Escrow instructions

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2
Q

An invitation to enter a contract.

A

Offer

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3
Q

The parties to an offer are:
1.
2.

A
  1. Offeror

2. Offeree

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4
Q

When may the offeror withdraw the offer?

A

Anytime

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5
Q

__________ offers must be submitted to an offeree.

A

All

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6
Q

When licensees purchases or sells a property for themselves they must disclose their_____.

A

Licensed Status “Owner Agent”

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7
Q

An offer made by an offeree in response to the offer.

A

Counter Offer

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8
Q

Any change to any offer is considered to be a ___.

A

Counter Offer

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9
Q

When any change is made to an offer the original offer is:

A

Null & Void

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10
Q

Binding Contract

A

The acceptance of an offer and communication of that acceptance to the offer.

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11
Q

Once a purchase agreement becomes binding, the buyer is said to have:

A

Equitable Title

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12
Q

If a buyer or seller dies, an executory purchase agreement is said to be binding on the_____.

A

Heirs or Estate

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13
Q

Money given by the offeror to show good faith.

A

Earnest Money

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14
Q

Earnest money is usually held by the _____ broker.

A

Buyer’s

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15
Q

The amount of earnest money is:

A

Negotiable

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16
Q

In an Arizona Purchase agreement, the form of earnest money _____________.

A

must be stated in the agreement

17
Q

In Arizona, a sales person must turn over earnest money to the broker ______.

A

immediately/promptly

18
Q

In Arizona, unless otherwise agreed to __ _____ the broker must ______place earnest money in a _____ or __ _____.

A

in writing, immediately, trust, in escrow.

19
Q

Comingling

A

Mixing Client’s funds with broker’s business funds.

20
Q

The use of a client’s funds for the agent’s own use is:

A

Conversion

21
Q

Any provision dictating that a contract is dependent on the happening of a certain event.

A

Contingency.

22
Q

Mortgage Contingency

A

Any provision dictating that a contract is dependent on the obtaining financing.

23
Q

The evidence of termite damage could be ____ or ____.

A

rotted wood or cellulose debris

24
Q

Escrow

A

A neutral third party hired to close a transaction.

25
When there is conflict between any pre-printed wording and wording written into the contract, the _____ ______ prevails.
Written Word
26
An apportionment of funds between the parties for unpaid or pre-paid items such as taxes, insurance or interest.
Proration
27
The phrase that specifies the importance of completing terms of a contract on a timely basis.
“Time is of the Essence"
28
The evidence to a buyer that title is clear.
Title Insurance Policy
29
An amount that was pre-determined by the parties to be the total amount of compensation an injured party will receive if the other party breaches the contract is known as _______.
Liquidated Damages
30
Specific Performance
A court order given to enforce the provisions of a contract.
31
The risk of loss to a property prior to closing is born by the _____.
Seller
32
Caveat Emptor
Latin for Buyer Beware
33
An overstatement of personal opinion.
Puffing
34
A false statement of a material fact, which a party relies on to the party’s damage
Misrepresentation AKA Negligent Misrepresentation
35
Fraudulent Misrepresentation
When misrepresentation is intentional.
36
Real Estate Mal Practice Insurance
Errors & Omissions Insurance
37
The legal remedy of canceling a contract and returning the parties to their original positions prior to entering into the contract is _____.
Rescission
38
Indemnification Clause or Hold Harmless Clause
A contract provision in which one party agrees to protect another from damages or lawsuits.