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Real Estate- Chapter 07- Vocab
Real Estate- Chapter 07- Vocab
31
Law
Post-Graduate
08/11/2014

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Term
Contract
Definition
Sometimes called a valid contract, an encforceable agreement between competent parties, supported by consideration by for a lawful purpose.
Term
agreement
Definition
an offer and an acceptance
Term
offer
Definition
a communication by the offeror containing the terms and conditions under which he or she is willing to enter into a contract
Term
revoke
Definition
the offeror's withdrawal of an offer
Term
reject
Definition
The offeree's decision not to accept or counter the offer
Term
acceptance
Definition
agreement by the offeree to accept the specific terms of the offer
Term
communicate
Definition
the required manner in which the offer must be accepted
Term
consideration
Definition
In contract law, anything of value given in excahnge for a promise
Term
voidable contracts
Definition
contracts in which either or both of the parities lack contractual capacity
Term
capacity
Definition
the legal ability to enter into a contract, including being of legal age, called the age of majority
Term
age of majority
Definition
the legal age for entering into a contract
Term
listing agreement or listing contract
Definition
contract that describes the rights and obligations of the seller and the real estate broker
Term
exclusive agency
Definition
the seller gives the broker the exclusive right to market the property and receive a commission upon the sale of the property
Term
loyalty
Definition
agent's duty to act solely in the best interests of the principal
Term
obedience
Definition
agent's duty follow the lawful requests and instructions of the principal
Term
disclosure
Definition
agent's duty to communicate all information that affects the principal
Term
confidentiality
Definition
Agent's duty to keep information about the principal from others
Term
commingle
Definition
combining the client's funds with those of the agent
Term
accounting
Definition
a report of the funds of the principal
Term
dual agency
Definition
When an agent represents both parties in a transaction
Term
open listing
Definition
the seller grants the right to market and sell the property to a number of bankers at the same time
Term
flat fee listing
Definition
the seller and broker/agent agree to a set compensation amount unrelated to the sale price
Term
net listing
Definition
the broker/agent earns a commission only on the part of the sales price that exceeds a stated price
Term
exclusive agency agreement
Definition
the broker is the sole, exclusive agent
Term
mediation
Definition
an alternative resolution method where the parties present their dispute to an independent third party who assists them in achieving a mutually aggred resoluation
Term
Sales Agreement or Agreement of Sale
Definition
Written contract between the seller and the buyer that sets the terms of the purchase and sale of real property
Term
Offer to purchase
Definition
The agreement of sale, which is prepared by the buyer's agetn and presented to the seller
Term
attorney review period
Definition
A statutory time period during which the buyer and seller may retain the services of an attorney to review the Agreement of sale.
Term
arbitration
Definition
a form of alternate dispute resolution where the parties submit their dispute in an informal manner to a panel of arbitrators who render a decision
Term
liquidated damages
Definition
an amount the parties agree is adequate compensation for a breach
Term
contingencies
Definition
items that must be satisfied in order for the sale to go forward
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