A ____________ is a voluntary agreement between competent parties to perform or refrain from performing some legal act supported by legal consideration.
Answer
mutual consent
contract
consideration
bilateral contract
Question 2
Question
Listing contract, Buyer agency contract, and sales contract are known as _______.
Answer
Valid
Assignment
Agreement of sale
Contingency
Question 3
Question
For a real estate contract to be legal and enforceable real estate contracts must:
Answer
Written and signed as required by the Statute of Frauds, a lease of 3 years duration or less entered into between a landlord and tenant through an oral contract discussion is considered by law to be a binding contract.
Legality of object, Specific identification of the property, Competent Parties,
Valid and executed
Mutual consent - "offer and acceptance", "meeting of the minds", "mutual agreement"
Consideration - an exchange of something of value between the parties
an express only contract
Question 4
Question
an objective within the boundaries of the law
Answer
Statute of frauds
novation
Rescission
legality of object
Question 5
Question
parole evidence rule
Answer
real estate agents responsibility to keep their clients interest in real property on file.
police monitoring properties one a month.
that indicates that oral statements cannot be used to change or contradict the term of a clearly written.
probation for a buyer who defaults in a contract.
Question 6
Question
A contract is ______ meaning legal and enforceable when it contains all the necessary components.
Answer
valid
voidable
void
default
Question 7
Question
A contract is ______ meaning not legal and unenforceable, when it is missing one or more of the necessary components.
Answer
valid
voidable
void
default
Question 8
Question
A contract is called _________ when it cannot be carried out according to the law.
Answer
voidable
unenforceable
valid
default
Question 9
Question
A ______ contract means one that is able to be made void.
Answer
voidable
unenforceable
valid
default
Question 10
Question
In an unilateral contract, when a party promises to do something then the other party has to follow through with the action to the promise.
Answer
True
False
Question 11
Question
Bilateral contract
Answer
is an agreement between two parties in which both parties make promises to do something and each party can enforce the promises of the other party.
a contract for the purchase of two plats
an agreement between two parties who make promises but only one party has to keep their specific promise.
an agreement for the interest of two properties
Question 12
Question
is an agreement in which the terms and conditions are clearly stated in words
Answer
implied contract
executory contract
executed contract
express contract
Question 13
Question
is an agreement that is carried out through the actions of a party
Answer
implied contract
executed contract
executory contract
express contract
Question 14
Question
is one in which all the parties have fulfilled their promises, also refers to the signing of a contract
Answer
implied contract
executory contract
executed contract
express contract
Question 15
Question
executory contract
Answer
cancel the contract
is when a party defaults
is one in which the parties have entered into the contract and are in the process of fulfilling the contract but have not yet completed all the terms and conditions.
is when the parties have not yet signed and agreed to the contract
Question 16
Question
"time is of the essence"
Answer
without the inclusion of a specific time limit, the courts have indicated that a contract needs to be fulfilled within a reasonable period of time.
the time period between the interest in real property and the actually agreement of sale, where the buyer has that time limit to back out of the contract.
Question 17
Question
The contract term assign means to transfer one's interest over to another party, prior to settlement turn the buying rights over to another party. It allows those lenders to sell the mortgage obtained to a purchaser in the secondary mortgage market.
Answer
True
False
Question 18
Question
A novation is a new contract that is used to extinguish and simultaneously replace one or more persons or conditions in an old contract.
Answer
True
False
Question 19
Question
The _______ of a contract means the breaking of one or more of the terms of the contract by a party and consequently represents failure to perform.
Answer
default
rescission
liquidated damages
void
Question 20
Question
Also called breach of contract
Answer
default
rescission
liquidated damages
void
Question 21
Question
If the seller defaults on an agreement of sale, the purchaser has the following choices:
Answer
Get the property for FREE! ^.^
File suit for "time is of the essence"
File a suit for specific performance
File a suit for compensatory damages
Question 22
Question
Unilaterally cancel the agreement
Answer
void
novation
execute
rescission
Question 23
Question
If purchaser defaults on an agreement of sale, the seller has the following choices:
Answer
file a lawsuit for the purchase price and transfer of the deed
suit for compensatory damages
rescind the contract
accept the earnest money deposit as liquidated damages
suit for "time is of the essence"
Question 24
Question
In, Pennsylvania the __________ on contracts is fours years from the time of the breach of the contract.
Answer
contingency
statute of frauds
statute of limitations
Question 25
Question
A______ is a condition in a contract on which the successful performance of the contract by the parties is dependent.
Answer
contingency
statue of frauds
statute of limitations
Question 26
Question
A ________ provision allows a buyer to legally get out of a binding sale if a mortgage cannot be obtained for the buyer.
Answer
loan contingency
mortgage contingency
fee simple contingency
Question 27
Question
by agreeing in writing to terminate the contract is by
Answer
breaching the contract
mutual agreement
settling it in court
asking your mom
Question 28
Question
Performance indicates
Answer
that your in a talent show
the contract parties have fulfilled the terms and conditions of the contract and the contract is completed and ended.
the contract parties have fulfilled the terms and conditions of the contract but the contract is still active.
that you went to try-outs for the talent show
Question 29
Question
Confession of judgement
Answer
It represents a written and voluntary agreement by a debtor to allow the attorney of a creditor to seek a court order for the recovery of a specific amount of money.
When a party confesses that they breached the contract.
When your pressured by the court and you admit that you wore pull-up diapers until you were the age of ten.
when you confess that your actually an adult to the judge and the jury of KND.