Real Estate Contracts Ecourse...
Lesson #2

"What Is A Contract?"

A contract is a legally binding agreement between two or more people for the exchange of something of value. As
you can see that covers a lot of territory.
n a contract, each "party" (a person, business or group of people) is legally responsible to do what is promised.

If one person or party to the contract does not carry out his or her part of the promise, the other person or party can go to court in an attempt to enforce the contract. To be legally binding, a contract must have certain elements:

1. An offer by one person;

2. An acceptance of that offer by the other;

3. Mutual agreement to the terms of the contract... that means both parties agree on what is promised;

4. An exchange of consideration... something of value is given for something else of value. 

Be aware that if a contract involves something illegal or against public policy, even if all the elements listed above are present, it is not legally binding. The prepared documents that you buy or those that are included in learning courses will usually comply with contract law. Although it's a good idea to identify each of the four requirements in any contract you sign.

Where you really must understand how to create a valid contract is on those rare occasions when the other party is very motivated and you must have something for them to sign right now.

That's when you can take any piece of paper and write a contract following the four requirements. Later you can ask the other party to sign a more formal contract if you feel it's necessary. Don't let a super deal slip through your fingers just because you don't know the basics of a contract.

1. Offer

2. Acceptance

3. Agreement

4. Compensation


Just remember... "O" double "A" and "C".

* This series was written by an investor and not an attorney. Nothing here should be considered legal advice. If you have a question about any contract ask an attorney BEFORE SIGNING!


Here's a source of contracts in Word format ready for customizing for each deal you do...


The Big Collection - 90 Real Estate Forms


Over 90 forms ready to customize in Microsoft Word format.
This is set up for you to use over and over again.

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