Ohio Real Estate Salesperson Exam — All Questions

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3 questions

Contracts

Time is of the essence in a contract means that:

  • a.The contract has no deadline
  • b.Performance must occur by the stated dates or a party is in breach
  • c.Either party may extend deadlines freely
  • d.The contract expires after one year automatically

A 'time is of the essence' clause makes the stated deadlines binding, so failing to perform on time is a breach. Without such a clause, courts may allow reasonable extensions.

Contracts

Which of the following would make a real estate contract void rather than merely voidable?

  • a.A minor signed it
  • b.One party was defrauded
  • c.One party was under duress
  • d.The purpose of the contract is illegal

A contract for an illegal purpose is void from the outset because courts will not enforce an unlawful agreement. Contracts involving a minor, fraud, or duress are typically voidable at the option of the injured or protected party.

Contracts

The assignment of a contract generally means that:

  • a.One party transfers its rights under the contract to another party
  • b.The contract is canceled
  • c.A new contract replaces the old one for all parties
  • d.The seller keeps all obligations and rights

An assignment transfers a party's rights (and often duties) under a contract to a third party, the assignee. Unlike novation, an assignment does not automatically release the original party from liability unless agreed.

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