Delaware Real Estate Practice Exam 2025 – Complete Test Prep

A legal real estate contract must have mutual consent and a legal purpose to be enforceable. Mutual consent, often demonstrated through an offer and acceptance, ensures that all parties involved agree to the terms set forth in the contract. This is fundamental because a contract without mutual agreement would lack the necessary foundation for enforcement, leading to disputes and claims of breach.

Furthermore, the legal purpose is critical; a contract that involves illegal activities or goes against public policy cannot be enforced by the courts, as the enforcement of such a contract would be contrary to the law. Therefore, both elements—mutual consent and a legal purpose—are essential for a contract to not only be valid but also to be enforceable in a legal context.

While signatures, witnesses, and notarization can help establish the authenticity of the contract or provide additional layers of verification, they are not the primary requirements for enforceability. The core elements of mutual consent and legality take precedence in determining the contract's validity.