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Chapter 5 Mass Real Estate

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Term
Definition
Acceptance   show
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Assignment   show
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show A contract, where one party agrees to do something in return, for the second party's promise to also do something (EXAMPLE: Joe will pay Kendra $300 to sing at his party).  
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Bill of Sale   show
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Consent   show
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show An individual appointed by the court to act as a guardian.  
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Consideration   show
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Consideration   show
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show The one receiving an offer (Offeree) responds by offering a new set of terms, as a new offer. The original Offeree, then becomes the new offeror.  
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show Written instrument, that transfers ownership of real property from one party to another.  
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show One of the duties of agency (also known as duty of notice), that requires an agent, to keep his or her principal informed of any matter, that is in the principal’s interest.  
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Equitable Title   show
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show A legal doctrine, whereby a person is not allowed to deny a previous statement or act, when an innocent party has relied on that statement or act. EXAMPLE: Incorrect mortgage balance given by a bank.  
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show Concept where a party cannot exercise rights contrary, to previous representation. EXAMPLE: A town water bill relied on by a new owner, could be challenged by estoppel, when a new higher bill is charged.  
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Executed Contract   show
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show The signing and delivery of a document.  
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show A contract, that has not had the terms completed, by one or both of the parties.  
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show A contract, where the intent of the parties is clearly stated. May be verbal or written.  
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Implied Contract   show
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Laches   show
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show Quality of being within the law. A contract with an illegal element is void.  
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show Interest obtained by the grantee, when the deed is signed and delivered (compared to equitable title).  
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Listing Agreement   show
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Mortgage Deed   show
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Mortgage Note   show
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Novation   show
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show A promise, by one party to act in a specified manner, providing a second party acts in the manner requested.  
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show Party receiving an offer, from another party (buyer or seller).  
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show Party extending an offer, to another party (buyer or seller).  
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Option   show
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Power of Attorney   show
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Purchase and Sale Agreement   show
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Right of First Refusal   show
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show A remedy at law, where the court will force a party, to fulfill his or her part of the contract.  
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show State law, that requires certain documents to be in writing to be enforceable.  
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show The time limit within, which legal action must be taken to be enforceable. EXAMPLE: In Mass. the statue limitations on prescription, and Adverse Possession is 20 years.  
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show One of the legal remedies in the case of a contract default, or nonperformance. Suit to recover compensation, for financial losses suffered due to the contract non-performance.  
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show A contract, where one party makes a promise to perform without a second party promised to perform. EXAMPLE: Reward for a lost property.  
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show Having legal, binding force.  
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show Having no binding legal force.  
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show Having binding force, but able to be broken by one of the parties.  
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show The state of having legal contractual capacity.  
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