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Unit 11
Term | Definition |
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Assignment | The transfer in writing of interest in a contract, mortgage lease, or other instrument |
Bilateral Contract | An agreement entered into law by two or more legally competent parties that is binding on all parties |
Breach of contract | Violation of any terms or conditions in a contract without legal excuses (i.e. failure to make a payment when it is due) |
Competent parties | Those recognized by law as being able to contract with others |
Consideration | Something of value that induces a person to enter into a contact May be valuable ($) or good (love and affection) |
Contingency | Certain happening without which a contract will not be valid |
Contract | An agreement entered into by 2 or more parties (legally competent) by the terms of which one or more of the parties, for a consideration, undertakes to do, or refrain from doing some legal act(s) |
Counter Offer | A new offer made in reply to an offer received |
Earnest Money | Money deposited by a buyer that is applied to the purchase price if the sale is closed |
Equitable Title | Interest held by a vendee under a land contract or an installment contract. The equitable right to obtain absolute ownership to property when legal title is held in anothers name |
Escape Clause | Protection for seller with a contract is subject to the sale of buyers present home |
Executed Contract | A contract in which all parties have fulfilled their promises and thus performed the contract |
Executory Contract | A contract under which something still remains to be done by one or more of the parties |
Express Contract | An oral or written contract in which the parties state the contracts terms and express their intentions in words |
Implied Contract | A contract under which the agreement of the parties is demonstrated by their acts and conduct |
Land Contract | A contract for the sale of real estate wherein the purchase price is paid in periodic installments by the purchaser, who is in possession of the property even though the title is retained by the seller until final payment |
Liquidated Damages | Sum agreed upon to serve as compensation if one party defaults |
Novation | Substitution of a new contract for an existing one |
Offer & Acceptance | 2 essential components of a valid contract. A "meeting of the minds" when all parties agree to exact terms |
Option | An agreement to keep open for a set period of time on an offer to sell or purchase property |
Parol Evidence Rule | Agreement that the written contract overrides spoken promises |
Specific Performance | A legal remedy whereby one party seeks to force another party to perform the promises specifically made in the contract |
Statute of Frauds | The part of state law requiring certain instruments such as deeds, real estate sales, contracts, and certain leases to be in writing for them to be legally enforceable |
Statute of Limitations | the law pertaining to the period of time within which certain actions can be brought to court |
Time is of the Essence | A phrase in a contract that requires the performance of a certain act within a stated period of time |
Unenforceable Contract | A contract that seems on the surface to be valid, yet neither party can sue the other to force performance of it |
Unilateral Contract | An agreement that is binding on only one of the parties |
Valid Contract | A contract that complies with all the essentials of a contract and is binding and enforceable on all parties to it |
Voidable Contract | A contract that seems to be valid on the surface but may be rejected or disaffirmed by one of the parties |
Void Contract | A contract that has no legal force or effect because it does not meet the essential elements of a contract |