Chapter 9 Engrade Practice Quiz
The term "rescission" is best defined as: A. change B. nullification C. substitution D. subordination
B
A man has posted a $100 reward for anyone who returns his missing dog. This is an example of: A. a unilateral contract B. a bilateral contract C. an implied contract D. an executed contract
A
Mary made an offer to purchase John's property for $295,000. John replied in writing to Mary that he would sell the property for $300,000. Mary refused to pay the $300,000 and did not respond to John. After reconsidering, John notified Mary that he was accepting the $295,000 offer. Which of the following is correct. A. John's response of $300,000 constituted a counteroffer which terminated Mary's original offer and therefore there is no agreement between the parties. B. Mary and John have a valid and binding contract for $295,000. C. Because Mary failed to take any action regarding John's initial reply her original offer remained open. D. Mary's offer remains open indefinitely and can always be accepted by John unless she included a deadline for acceptance in her offer.
A
Which of the following documents must be written under the Statute of Frauds in order to be enforceable in a court of law? A. Offer to purchase and contract B. Exclusive right to sell listing agreement C. Exclusive right to represent buyer D. Short-term leases of less than three years
A
The law requiring real estate contracts to be in writing in order to be enforceable is the: A. writ of attachment B. Statute of frauds C. statute of limitations D. parol evidence rule
B
An executory contract is one in which: A. all of the terms and conditions have been performed B. one or more of the parties is in breach of the agreement C. there are still essential elements to be performed D. the contract has expired
C
Which of the following statement(s) is/are true? l. In a breach of a sales contract, the earnest money deposit is considered liquidated damages. ll. In a breach of a sales contract, liquidated damages are an agreed upon amount of money the parties agree to accept in the event of breach. A. l only B. ll only C. Both l and ll D. Neither l nor ll
C
All of the following are essential to the formation of a contract, EXCEPT: A. offer B. acceptance C. consideration D. signatures
D
A buyer makes an offer to purchase a home and states in the offer that the offer will remain open for the seller's acceptance until April 6th. On April 4th the buyer changes their mind and notifies the seller that they are withdrawing their offer. On April 5th the seller accepts the original offer. Which of the following statements is correct? A. The buyer is bound because they stated that the offer would remain open until April 6th. B. The buyer is not bound because they withdrew their offer prior to being notified of the seller's acceptance. C. The acceptance by the seller on April 5th created a binding and enforceable contract. D. Once an offer is made it cannot be withdrawn.
B
A listing broker schedules an appointment to present a purchase offer to the seller. The seller has serious health problems and her son is attending to her health care. When the broker arrives, he finds the seller's son and daughter-in-law present. In the broker's presence, both persistently urge the seller to accept the offer. The seller is reluctant to accept since the offer is substantially less than the list price. If the seller accepts the offer under these circumstances, she may later claim that: A. the broker should not have brought such a low offer for her property B. she was under undue influence from her son and daughter-in-law, and therefore, the contract is voidable C. the broker defrauded her by allowing her son and his wife to see the offer he brought to her D. her consumer protection rights under anti-trust laws were violated by her son and daughter-in-law
B
The seller unintentionally misrepresented that the soil of a lot was suitable for the construction of a building at the time the buyer was negotiating the purchase of the lot for the site of a new home. After entering into a contract to purchase, the buyer learned that contrary to the seller's statement, the soil was unsuitable for construction. This is an example of a contract that is probably: A. binding on the buyer due to the doctrine of caveat emptor B. voidable by the buyer because of the seller's mistake C. voidable by the seller because of the mistake D. voidable by neither party because this was a harmless error
B
The legal remedy to enforce the terms of a contract is known as: A. an injunction B. a lis pendens C. a writ of attachment D. specific performance
D
Which of the following document(s) would be covered by the NC Statute of Frauds? l. Listing agreement ll. Buyer agency agreement A. l only B. ll only C. Both l and ll D. Neither l nor ll
D