Real Estate Contracts Flashcards
(15 cards)
Valid Contract
a voluntary agreement based on the consent of the parties to the agreement.
An offer by one party (offeror) is accepted by the other (offeree).
A contract can be revoked by the offeror up to the time of acceptance.
Contractual partiest must be:
of legal age and able to understand the nature or consequences of their actions
Contracts must be supported by
Consideration, and with a legal act as the objective
Bilateral Contract
Obligations on both sides
Unilateral Contract
Obligations on one side
Executed Contract
All parties have fulfilled duties
Void
one of the essential elements is missing.
If a mistake, misrepresentation, fraud, undue influence, or duress occurs, there is no mutual consent or meeting of the minds, which means that an essential element of the contract is missing and the contract is void.
Executory Contract
One party still has duties to fulfill
Vodiable
may be rescinded or disaffirmed by one or both parties.
A contract with a minor is voidable
Option
allows the optionor (owner) to give the optionee the right to purchase the
property at a later date at the price fixed in the option agreement.
A real estate sales contract is usually accompanied by:
Earnest Money Deposit
Earnest Money Deposit
may be held in a broker’s escrow or trust account until an escrow is arranged to complete
a property purchase or the funds are returned to the would-be buyer if there is no sales agreement.
Owner financing
can assist a buyer by providing a credit for some or all of the purchase price.
Purchase Money Mortgage
the buyer receives title to the property immediately but places a security interest on the property
in favor of the seller