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Question 1
What are the four essential elements required for a valid contract in California?
Answer: A valid contract requires: (1) competent parties, (2) mutual consent (offer and acceptance), (3) lawful object, and (4) sufficient consideration.
Question 2
What is the legal term for a contract that appears valid on its surface but can be voided by one party due to a legal defect?
Answer: A voidable contract is one that can be affirmed or rejected at the option of one party—for example, a contract signed by a minor.
Question 3
What is the difference between a void contract and a voidable contract?
Answer: A void contract has no legal effect and cannot be enforced by either party. A voidable contract is valid unless the injured party chooses to rescind it.
Question 4
At what age is a person considered legally competent to enter into a real estate contract in California?
Answer: A person must be at least 18 years of age to be considered legally competent to enter into a real estate contract in California.
Question 5
What is 'consideration' in the context of a real estate contract?
Answer: Consideration is anything of legal value exchanged between parties—such as money, services, or a promise to act or refrain from acting—that induces each party to enter the contract.