Extra Credits - Law

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St. John's University *

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600

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Law

Date

Jan 9, 2024

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4

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Extra Credits Chapter 6: Contracts T/F Questions 1. A minor’s contract is voidable at the election of the minor 2. A contract entered into between an adult and a minor is unenforceable by both parties 3. Illiteracy of a party renders a contract unenforceable 4. Lack of knowledge or inability or failure to read a contract does not make a person mentally incompetent 5. An executor has limited power to buy and sell real property on behalf of the estate 6. An executor always has the power to buy and sell real property on behalf of an estate 7. The sale of property by a limited partnership requires that the limited partners sign the contract 8. A contract entered into by a trustee must be approved by the beneficiaries of the trust 9. A person being appointed to act under a power of attorney must be a lawyer 10.Generally, powers of attorney are automatically revoked by the death or instanity of the principal 11. All contracts must be in writing to be enforceable 12.Not every contract must be in writing to be enforceable 13.A real estate contract must be in writing to be enforceable 14.The amount of money damages for a breach of contract is the difference between the contract price and the market value of the real property at the time and place of default 15.The amount of money damages for a breach of contract is the difference between the contract price and the market value of the real property at the time the suit is brought for breach of contract
16.Requiring a party to perform under a contract is known as rescission 17.Termination of a contract and reimbursement for expenses is known as specific performance 18.Liquidated damage provisions contained in contracts are always enforceable 19.Liquidated damage provisions contained in a contract are designed to punish a party for nor performing 20.The liquidated damage provisions in a contract are generally enforceable provided they do not result in penalty 21.A real estate agent or broker, in order to earn a commission, must be the procuring cause of the sale 22.An agreement whereby an owner hires a broker to sell real property is known as a power of attorney 23.An agreement whereby an owner hires a broker to sell real property is known as a listing agreement 24.An open listing entered into between an owner and an agent precludes the owner from selling his or her own property 25.Under an exclusive listing, an owner hires only one broker to assist in the sale of the real property 26.Under an exclusive listing, an owner still reserves the right to sell the real property and avoid a commission 27.A listing agreement whereby the owner hires a broker to sell the property and the owner agrees that if the property is sold, even if through the owner’s efforts, the commission is owed is known as an open listing 28.A listing agreement whereby an owner hires only one broker to assist in selling the property and the owner agrees that if the real property is sold, even if through the owner’s efforts, a commission is owned is known as an exclusive right-to-sell listing 29.A real estate broker owes to his or her client a duty to exercise all of the affairs of the client in good faith and with loyalty
30.A real estate broker is not a fiduciary 31.A principal does not owe any duties and obligations to an agent 32.A real estate broker can have only express authority 33.A real estate broker may have both express authority and implied authority 34.A real estate broker’s implied authority is that authority given to the broker in the listing agreement by the owner of the property 35.A real estate broker cannot represent both the seller and the purchaser in a transaction 36.In many states, a real estate broker may be able to represent both the seller and the purchaser in the same transaction 37.An owner’ basis in his or her property I the net sales price received by the owner from the sale of the home 38.An owner’s basis in his or her property will always equal the owner’s depreciation of the property 39.A real estate broker may be able to place a lien against an owner’s property to secure unpaid real estate commission MC Questions 1. Which of the following is not a requirement for a valid contract? 2. Which one of the following lacks legal capacity to enter into a binding contract? 3. For which of the following persons would a power of attorney most likely be used? 4. Which of the following is most likely not a defense to the enforceability of a contract? 5. Which of the following is/are grounds for revocation of a power of attorney? 6. The remedy for breach of a real estate contract that requires that the defaulting party perform its obligations under the contract is known as
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7. The remedy of rescission provides the injured party under a real estate contract with the following relief: 8. The measure of monetary damages for breach of an estate contract is computed as follows: 9. Seller enters into a contract with purchaser to sell real property for $100,000. Purchaser defaulted on the contract, and at the time of default, the fair market value of the property is $90,000.00. Seller shall be entitled to recover from purchaser the following money damages: 10.Seller and purchaser enter into a contract to purchase real property at a fair market value of $100,000. Seller refuses to perform the contract, and at the time of seller’s default, the fair market value of the property is $110,000. The purchaser can recover from the seller the following money damages 11. A section of a contract which provides that, in the event of default, the purchaser is entitled to $10,000 from the seller is known as a 12.An agreement whereby an owner of real property hires a real estate broker to help the owner sell the property is known as a 13.A listing agreement whereby an owner hires only one broker or agent to assist in selling the real property and the owner agrees that if the real property is sold, even if through the owner’s effort, a commission is earned by the broker or agent is known as a(n) 14.Seller offers to sell their home to a purchaser for $70,000. The purchaser respond that he will buy the home for $60,000. The seller refuses the purchaser’s offer to buy for $60,000. After that refusal, the purchaser offers to buy the home for $70,000. At this time, what is the legal relationship of the parties? 15.Which of the following is generally not a duty that a principal owes to an agent? 16.Which of the following cannot be added to an owner’s basis in a home?