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