South Carolina Real Estate Broker Practice Exam 2025 – All-in-One Resource to Guarantee Exam Success!

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What is required for a contract to be enforceable?

Written agreement between parties

Genuine assent from each party

For a contract to be enforceable, genuine assent from each party is essential. This means that all parties involved in the contract must fully understand and agree to the terms without any form of coercion, misrepresentation, or undue influence. Genuine assent ensures that the consent to the contract is informed and mutual, which is foundational to contractual agreements. Without this genuine agreement, one party may later claim they did not truly consent, which can lead to legal disputes and render the contract unenforceable.

A written agreement, while often beneficial and sometimes required for certain types of contracts, is not universally mandatory for all contracts to be enforceable. Some verbal agreements can be legally binding, although proving their existence and terms can be significantly more challenging.

Witness signatures may add an extra layer of validation to a contract, but they are not a legal necessity for most contracts to be enforced. The same applies to having a legal representative present during the signing; while this can provide assurance and clarity, it is not a requirement for enforceability in many contracts.

Focusing on the mutual understanding and consent between the parties involved is what primarily leads to a binding and enforceable agreement.

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Witness signatures on the contract

A legal representative present during signing

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