Skip to content
Pass Georgia
Real estate glossaryNational exam concept

Voidable contract

A voidable contract is a valid contract that one protected party may affirm or avoid because of a legal condition such as fraud, duress, misrepresentation, incapacity, or another recognized defense.

Exam area: Contracts

Download PDF

What does “voidable contract” mean in real estate?

A voidable contract is a valid contract that one protected party may affirm or avoid because of a legal condition such as fraud, duress, misrepresentation, incapacity, or another recognized defense.

How is “voidable contract” different from the closest wrong answer?

A voidable contract operates unless avoided by the protected party. A void contract never had legal effect.

What is the Georgia-specific rule?

The national distinction applies in Georgia. The party with the legal protection, not automatically either party, holds the power to avoid.

Worked exam example

Scenario

A buyer signs because of the seller's material fraudulent misrepresentation and may elect to rescind rather than affirm the transaction.

What is the most common exam trap?

Trap correction

Do not say both parties may cancel at will. Voidability belongs to the protected party under the relevant defense.

Original exam check

Apply the definition

A buyer signs a purchase contract after the seller knowingly lies that the basement has never flooded. The buyer discovers the truth before closing. Who may choose to cancel the contract on that ground?

Mastery tracker

Do not mark this term complete until you can retrieve it.

0%

Progress is stored only in this browser.

Related terms to learn next

Recommended next complete lesson

Continue with Contracts complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.