National 3 Vocabulary Flashcards
(30 cards)
A contract that is worded loosely or vaguely and is unenforceable.
Illusory Contract
A written employment contract which appoints the broker as the seller’s agent for the purpose of finding a buyer.
Listing Agreement
Money or other valuables such as contributed labor of love and affection (gift).
Valid Consideration
A legally enforceable agreement to do or not to do a specific thing. A promise or a set of promises the courts will enforce
Contract
A contract containing all essential elements
Valid Contract
Requires contracts to be in writing to be enforceable
Statute of Frauds
A person who has legal capacity to enter into a contract
Competent Party
An invitation to enter into a contract
Offer
The point at which all parties have agreed to all terms & conditions
Acceptance
A contract created by a party’s actions
Implied Contract
A contract which has been fully performed
Executed contract
The essential elements of a contract are:
Competent parties Consideration Meeting of minds Lawful purpose Be in writing Proper property description
A contract in which all the terms are specified
Expressed Contract
A contract in which all terms have yet to be performed
Executory Contract
A contract in which each party makes a promise
Bilateral Contract
The purpose (objective) of a contract must be lawful
Legal Object (Legal Purpose)
A contract in which only one party makes a promise
Unilateral Contract
A contract requiring one person to give another the initial opportunity to buy a property
Right of First Refusal
A listing in which the broker keeps a portion of the sales price above an amount agreed to by the seller
Net Listing
A contract which has no force or effect on any party
Void Contract
A listing in which the broker will be paid only if the broker finds a buyer
Open Listing
An exclusive listing in which the seller reserves the right to find a buyer and not pay the broker
Exclusive Agency Listing
A listing in which the seller pays the broker even if the seller finds a buyer
Exclusive Right to Sell
A contract giving exclusive rights to buy a property within a specific time
Option