#1
Which of the following is NOT a common type of real estate contract?
Service agreement
ExplanationService agreements are not typically used in real estate transactions.
#2
What legal concept protects a buyer from hidden defects in a property?
Doctrine of caveat emptor
ExplanationThe doctrine of caveat emptor places the burden on the buyer to inspect the property for defects.
#3
What is 'eminent domain'?
The right of a government to take private property for public use, with compensation
ExplanationEminent domain grants governments the authority to acquire private property for public purposes, compensating the owners.
#4
What is 'escrow' in a real estate transaction?
A neutral third party holding funds and documents during the closing process
ExplanationEscrow involves a neutral third party holding funds and documents until all conditions of the sale are met.
#5
What is a 'reverter clause' in real estate?
A provision stating that the property will revert to the original owner if certain conditions are violated
ExplanationA reverter clause specifies conditions under which ownership of the property reverts back to the original owner or their heirs.
#6
What legal concept ensures that a real estate contract is enforceable?
Statute of frauds
ExplanationThe statute of frauds requires certain contracts, including real estate contracts, to be in writing to be enforceable.
#7
In a real estate contract, 'consideration' refers to:
Something of value exchanged by the parties
ExplanationConsideration is the value exchanged between parties, making the contract legally binding.
#8
What is the 'doctrine of part performance' in real estate law?
An exception to the statute of frauds where partial fulfillment of a contract can make it enforceable
ExplanationThe doctrine of part performance allows enforcement of a contract if substantial steps have been taken towards fulfilling it.
#9
What is 'liquidated damages' in the context of real estate contracts?
A predetermined amount of damages agreed upon by the parties in case of breach
ExplanationLiquidated damages are pre-determined amounts agreed upon by parties to compensate for breach of contract.
#10
What is the difference between a warranty deed and a quitclaim deed?
A warranty deed guarantees the title, while a quitclaim deed does not
ExplanationWarranty deeds provide a guarantee of title, while quitclaim deeds offer no such guarantee.
#11
In a real estate contract, what does 'contingency' mean?
A provision that allows a party to back out of the contract under certain conditions
ExplanationContingencies are conditions that, if not met, allow a party to withdraw from the contract without penalty.
#12
What is 'specific performance' in the context of real estate contracts?
A legal remedy where the court orders the breaching party to fulfill their contractual obligations
ExplanationSpecific performance compels the breaching party to fulfill the terms of the contract as agreed upon.
#13
Which of the following is NOT a requirement for a valid real estate contract?
Recordation
ExplanationWhile recording a real estate contract may be recommended, it's not a requirement for its validity.
#14
What is the purpose of an 'escape clause' in a real estate contract?
To allow either party to terminate the contract without penalty
ExplanationEscape clauses provide a way for parties to exit the contract under specified conditions without facing penalties.
#15
What does 'time is of the essence' mean in a real estate contract?
All deadlines specified in the contract are strictly enforced
ExplanationTime is of the essence means that adhering to specified deadlines is crucial and strictly enforced.
#16
What is 'adverse possession' in real estate law?
A legal doctrine allowing a person to claim ownership of land after using it openly and continuously for a specified period
ExplanationAdverse possession enables individuals to gain ownership of land by occupying and using it openly for a statutory period.
#17
What is a 'lis pendens' in real estate?
A legal notice indicating that a lawsuit is pending concerning the property
ExplanationA lis pendens serves as public notice that a legal action affecting a property's title is underway.