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Void, Voidable & Unenforceable

National · Contracts & Transfer of Title — free study notes for the real estate licensing exam.

📄 Contracts & Transfer of Title

📖 What you need to know

A VOID agreement was never a contract — an illegal purpose or a party adjudicated incompetent leaves nothing to enforce. VOIDABLE means one party may cancel or affirm: contracts with minors, or those induced by fraud, misrepresentation, duress, or undue influence — valid until the injured party elects rescission. UNENFORCEABLE contracts look valid but the courts won't help — an oral land sale (statute of frauds) or one whose limitations period expired. Cue mapping: illegal → void; minor/fraud → voidable; oral land deal → unenforceable. The non-breaching party's election matters: a voidable deal fully performed stands.

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Related in Contracts & Transfer of Title

Offer & Acceptance — The DanceNationalContingencies — Escape HatchesNationalEarnest Money & Liquidated DamagesNationalOptions & Rights of First RefusalNationalAssignment vs NovationNationalStatute of Frauds & PerformanceNationalContracts — Validity & RemediesNationalValid Contract — Must-HavesNational

Questions students ask

Is Void, Voidable & Unenforceable on the real estate exam?

Yes. Contracts & Transfer of Title is a scored domain on the real estate licensing exam, and this topic appears in the national portion.

Is this cheat sheet free?

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