Real Estate · Contracts

Which of the following is NOT required for a valid real estate contract?

Correct answer

A witnessed signature in front of a notary

  1. A Offer and acceptance (mutual assent)
  2. B Consideration
  3. C A witnessed signature in front of a notary
  4. D Legal purpose

Why this is the answer

A valid real estate contract requires: (1) offer and acceptance (mutual assent or 'meeting of the minds'); (2) consideration (something of value exchanged, even if symbolic); (3) legal purpose (the contract cannot require an illegal act); (4) competent parties (legally capable of contracting); and (5) in most cases, the writing requirement of the Statute of Frauds (real estate contracts must generally be in writing to be enforceable). A notarized or witnessed signature is not generally required for the contract itself, though some states require it for the deed transferring title. Verbal real estate contracts can be valid in principle but are nearly impossible to enforce because the Statute of Frauds requires writing.
Source: Real Estate Principles, Contract Validity

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