Question 1

List the items that must be included in an action for breach of a brokerage contract.List the items that must be included in an action for breach of a brokerage contract.

Accepted Answer

(1) Jurisdictional facts;
(2)licensing of broker under state statute;
(3)allegations setting forth ownership of the real property;
(4)if the defendant is a corporation, allegations of agency relationship between defendant and defendant's agent;
(5)existence of contract for brokerage services;
(6)allegations establishing the amount of the agreed-upon commission;
(7)allegations setting forth the conditions of performance by plaintiff;
(8)allegations of breach of contract by defendant;
(9)allegations establishing plaintiff 's full performance;
(10)allegations of damages sustained by plaintiff as a result of defendant's breach;
(11)if attorney's fees are recoverable, that plaintiff had to employ legal counsel to bring this action;
(12)prayer for relief; and
(13)signature of attorney.

Question 2

Under what circumstances will a liquidated damages provision be upheld by a court?

Accepted Answer

A liquidated damages provision will be upheld by a court only if the actual damages incurred by a party are difficult to calculate and thus a reasonable agreed-upon sum has been arrived at in the contract. If a contract for sale and purchase gives the nonbreaching party the option of recovering liquidated damages for bringing suit for monetary damages, the liquidated damages provision will not be upheld.

Question 3

For a liquidated damages provision to be upheld:

Accepted Answer

Liquidated damages must be a reasonable estimate of the damages expected from a breach and not grossly disproportionate. The actual damages need not be certain.

Question 4

The ___ is the remedy for breach of contract in which the calculation of damages is the difference between the contract price and the fair market value of the property.

Accepted Answer

The answer of The ___ is the remedy for breach...

Question 5

Under contract law, attorney's fees may not be recovered by the prevailing party from the losing party unless the contract so provides.

Accepted Answer

Under contract law, attorney's fees are generally not recoverable from the losing party unless the contract explicitly includes a provision that allows for the recovery of such fees, or if a specific statute provides for their recovery.

Question 6

Lawsuits for monetary damages are lawsuits for       remedies.

Accepted Answer

The answer of Lawsuits for monetary damages are lawsuits for...

Question 7

List the items that must be included in an action for fraudulent inducement.

Accepted Answer

The answer of List the items that must be included...

Question 8

Punitive damages generally are recoverable in a breach of contract action.

Accepted Answer

Punitive damages are generally not awarded in breach of contract cases unless there is also a tort claim involved where the defendant's conduct was willful, malicious, or fraudulent.

Question 9

Remedies administered according to fairness, such as injunctions and actions for specific performance, are known as ___ remedies.

Accepted Answer

The answer of Remedies administered according to fairness, such as...

Question 10

Damages rewarded to serve as an example are called            damages.

Accepted Answer

The answer of Damages rewarded to serve as an example...

Question 11

In a lawsuit for fraudulent inducement, proper venue is:

Accepted Answer

Proper venue for a lawsuit for fraudulent inducement can be either the county where the real property is located if the dispute involves real property, or the county in which the agreement was made, as both locations are significantly related to the circumstances of the case.

Question 12

List the items that must be included in an action for breach of implied warranty.

Accepted Answer

The answer of List the items that must be included...

Question 13

When a lawsuit is brought for monetary damages, a notice of lis pendens should be filed.

Accepted Answer

A notice of lis pendens is typically filed to provide public notice of a pending lawsuit that affects the title or right to possession of real property, not specifically for lawsuits brought for monetary damages.

Question 14

An implied warranty:

Accepted Answer

The answer of An implied warranty:
...

Question 15

___ places limits on the time period in which suit may be brought on various matters.

Accepted Answer

The answer of ___ places limits on the time period...

Question 16

If a jury trial is desired, this must be specifically requested.

Accepted Answer

In most legal systems, a jury trial is not automatic and must be specifically requested by the defendant or the plaintiff in civil cases, depending on the jurisdiction's rules.

Question 17

What remedies are available to a buyer or seller in an action for breach of a contract for sale and purchase?

Accepted Answer

The answer of What remedies are available to a buyer...

Question 18

As a defense to an action for fraudulent inducement, the defendant may raise the defense that:

Accepted Answer

Both A and B are valid defenses to an action for fraudulent inducement. A defense may argue that the misrepresentation was not made intentionally or that the misrepresented fact was not material to the decision-making process of the aggrieved party.

Question 19

A seller is responsible for representations made by the broker.

Accepted Answer

A seller can be held responsible for representations made by their broker because the broker acts as the seller's agent, and their actions or statements are legally considered to be on behalf of the seller.

Question 20

In a breach of contract action, proper venue is:

Accepted Answer

Proper venue in a breach of contract action is typically the county where the contract was executed or where the defendant resides, not necessarily where the plaintiff resides.

Quiz 18: Overview of Real Estate Litigation