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NE Real Estate
NE Real Estate Unit 11
| Term | Definition |
|---|---|
| unilateral contract | one party makes promise, as to induce |
| voidable contract | seems to be valid on the surface |
| unenforceable contract | neither party can sue the other |
| valid contract | w/all the essential's of a contract enforceable on all parties |
| void contract | no legal force or effect |
| "time of the essence" | act w/in a stated period of time |
| suit for specific performance | legal action to compel a party to carry out the terms |
| amendment | a change to the existing contract |
| consideration | something of value induces a person |
| assignment | transfer in writing of interest |
| breach of contract | violation of any terms or conditions in a contract w/o legal excuse |
| bilateral contract | all parties are legally bound to act as prescribed, both parties benefit |
| rescission | original positions from before |
| novation | a new obligation for an old one |
| offer and acceptance | acceptance is bound by the terms by the offeror |
| option | keep open for a set period |
| owner financing | seller provides credit to move forward w/transaction |
| purchase money mortgage | a note secured as part of the purchase of the RE |
| contingencies | a certain act to be done to occur before the contract becomes binding |
| counteroffer | a new offer in response |
| disclosure | relevant info or facts |
| earnest money | money deposited by a buyer under the terms of a contract |
| statue of frauds | state law requires in writing to be legally enforceable |
| liquidated damages | predetermined total compensation to an injured party; forfeited clause |
| enforceable contract | meets all the elements of a valid contract |
| executed contract | parties have fulfilled their promises |
| executory contract | not yet fully performed |
| implied contract | by their acts and conduct |
| land contract | two or more installments over two or more years |
| contract | legally enforceable promises |