California Real Estate Salesperson Exam Practice – Question 74

Concepts Definitions

  • Duress: Threats or coercion used to force a person into an agreement against their will. It negates free will in contract formation.
  • Contract: A legally binding agreement between two or more parties to do or not do something, in return for consideration.
  • Mutual Consent (Genuine Assent): An essential element of a valid contract, meaning all parties willingly agree to the terms without fraud, menace, duress, or undue influence.
  • Voidable Contract: A contract that can be legally canceled or annulled by one or both parties due to a defect, such as having been entered into under duress.
  • Easement: A legal right to use another’s land for a specific, limited purpose.
  • Condemnation: The process by which the government exercises its power of eminent domain to take private property for public use, with just compensation paid to the owner.
  • Adverse Possession: A method of acquiring title to real property by occupying it openly, notoriously, hostilely, and continuously for a period defined by law.

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