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Acceptance
When the seller's or agent's principal agrees to the terms of the agreement of sale and approves the negotiation on the part of the agent and acknowledges receipt of the deposit in subscribing to the agreement of sale, the act is termed acceptance
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Assignee
Those to whom a lease shall have been transferred or assigned
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Assignment
A transfer or making over to another of the whole of any property, real or personal, in possession or in action, or of any estate or right therein. (The transfer of an entire leasehold estate to a new person)
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Assignor
One who assigns or transfers the claim, benefit, or right in property
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Bilateral Contract
A contract under which the parties enter into mutual promises, such as sales contracts.
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Breach
The breaking of a law, or failure of duty, either by omission or commission
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Capacity of Parties
Individuals who have a legal capacity to contract, as opposed to minors, convicts and incompetents
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Consideration
Anything given or promised by a party to induce another to enter into a contract.
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Contingencies
The dependence upon a state event before a contract becomes binding
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Contract
An agreement, either written or oral, to do or not to do certain things.
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Counter Offer
An offer in response to an offer.
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Covenant
Agreements written into deeds and other instruments promising performance or nonperformance of certain acts or stipulating certain uses or nonuses of the property.
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Definite and Certain
The terms and provisions of a contract, which are clear, definite, and set forth.
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Dollar Damages
An action that abandons all other remedies and simply asks for money
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Execute
To complete, to make, to perform, to do, to follow out; to execute a deed, to make a deed, including especially signing, sealing, and delivery; to execute a contract is to perform the contract, to follow out to the end, to complete.
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Executory Contract
A contract in which something remains to be done by one or both the parties
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Expressed Contract
A contract under whichthe parties expressly enter into mutual promises
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Fraud, Duress, Menace
Deceptive statements or acts used to wrongfully obtain money or property
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Implied Contract
A binding contract created by the actions of the principals rather than by written or oral agreement.
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Incompetent
One who is mentally incapable of contracting; judged to be of unsound mind, therefore lacking contractual capacity
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Liquidated Damages
A sum agreed upon by the parties to be full damages if an agreement is breached
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Minors
All persons under 18 years of age who are not emancipated
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Mutual Consent
The act of agreeing or consenting to the terms of an offer, thereby establishing "the meeting of the minds" that is an essential element of a contract; genuine assent from both parties
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Novation
The substitution or exchange of a new contract for an old one by the mutual agreement of the parties
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Offer
A proposal for acceptance, in order to form a contract. It must be definite as to price and terms
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Offeree
One to whom an offer is made
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Offeror
One making an offer
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Option
A right given for a consideration to purchase or lease a property upon specified terms within a specified time.
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Optionee
One who, for consideration, receives an option
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Optionor
One who, for consideration, gives an option
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Pest Control Report
An inspection report required, in the sale of property, to determine if termites are present within a building
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Purchase Agreement
A written offer to purchase real property upon stated terms and conditions, accompanied by a deposit toward the purchase price, which becomes the contract for the sale of the property upon acceptance
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Rescission
Annulling a contract and placing the parties to it in a position as if there had not been a contract.
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Specific Performance
An action to compel performance of an agreement, e.g., sale of land
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Undue Influence
Taking any fraudulent or unfair advantage of another's weakness of mind, distress, or necessity
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Unilateral Contract
A contract under which only one party expressly makes a promise.
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Valid Contract
Legally binding, the terms of which can be sued for in a court of law
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Void, Voidable, Unenforceable
Having no legal force or binding effect, or cannot be enforced for one reason or another
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The primary responsibility for disclosing any Mello-Roos bonds or assessements to a buyer when a home is sold lies with?
The Seller
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