Contracts

Valid Contract

An agreement that has the four essential elements: competent parties, mutual assent, a legal purpose, and consideration.

A valid contract meets the essential requirements: competent parties, mutual assent through offer and acceptance, a legal purpose, and consideration. Validity describes whether an agreement was legally formed.

Enforceability is a separate question. A contract for the sale of real property generally must be in writing and signed by the party to be charged to satisfy the Statute of Frauds. An agreement may be valid in form yet unenforceable because a legal defense applies.

On the exam

Memorize the four formation elements, then ask whether a rule such as the Statute of Frauds affects enforcement.

Exam trap

Earnest money is not one of the four essentials. Consideration is required, but the deposit itself is not.

Tested in

Contracts & Agency (13% of the exam)

From definition to recall

See this term inside a real exam question.

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This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.