A legally competent party to a contract will:
For a contract to be legally enforceable, all parties must be legally competent. This requires:
Age of majority (18 in Virginia).
Mental competency (not declared mentally incompetent).
Not under the influence of drugs or alcohol at the time of signing.
Other options:
(B) & (D) Literacy is not required for legal competency.
(C) Legal representation is not required for a valid contract.
Reference (Virginia Real Estate):
Code of Virginia Title 11 -- Contracts
Virginia Real Estate Principles -- Elements of valid contracts
A490-02REGS.pdf -- Contracts curriculum
In addition to evaluating borrower creditworthiness, to complete the loan approval process, the underwriter needs to evaluate the:
Loan underwriting evaluates two things:
Borrower's creditworthiness (income, debt, credit score).
The property's value and suitability (via appraisal, condition, and title review).
The lender needs to ensure that the property provides sufficient collateral in case of default.
Other options:
(A) Tender -- unrelated.
(C) Broker -- not evaluated.
(D) Seller -- irrelevant to loan approval.
Fannie Mae Selling Guide -- Loan Underwriting
Virginia Real Estate Finance Principles -- Loan Process
A deed in lieu of foreclosure is often referred to as a "friendly foreclosure" because:
A deed in lieu of foreclosure is when a borrower voluntarily conveys the property title back to the lender to avoid foreclosure.
It is called a ''friendly foreclosure'' because it requires mutual consent between borrower and lender, avoiding the formal court-ordered process.
Other options:
(A) Wrong -- not limited to friends/family.
(C) Wrong -- not related to ''friends of the court.''
(D) Wrong -- buyer's relationship irrelevant.
Virginia Real Estate Principles & Practices -- Foreclosure Alternatives
Trystan and Nia enter into a contract for the sale of a tiny house. Trystan is 17. Closing is supposed to occur in two weeks. This contract is:
A contract is executory when its terms have not yet been fully performed (here, closing has not yet occurred).
Because Trystan is 17 years old, he is a minor under Virginia law (legal capacity begins at 18). A minor's contract is generally voidable at the option of the minor, but enforceable against the adult party.
Therefore, this contract is executory (not yet performed) and voidable (due to Trystan's age).
Code of Virginia 1-204 (Age of majority = 18)
Virginia Real Estate Board Exam Outline -- Contracts (capacity, validity, executory vs executed)
All of the following are examples of legal descriptions of property EXCEPT:
Legal descriptions must be precise and unique so land can be located without confusion.
Accepted forms:
Metes and bounds
Rectangular (government) survey (e.g., ''SW 1/4 of NW 1/4...'')
Lot and block (e.g., subdivision plats)
A street address (Option B) is not a legal description---too general and can change.
Virginia Real Estate Principles & Practices -- Legal Descriptions
Virginia Exam Outline -- Land and Property Descriptions
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