Before you read
Test yourself first: 5 questions
Question 1 of 5
Which situation results in an UNENFORCEABLE (rather than void or voidable) contract?
Answer: B. An oral land-sale agreement violates the statute of frauds: possibly valid between honest parties, but a court won't enforce it. Illegal purpose = VOID; minor or duress = VOIDABLE.
Question 2 of 5
A contract to commit an illegal act, such as a listing agreement that requires the broker to discriminate against buyers based on race, is:
Answer: C. A contract whose object is illegal lacks a legal purpose, which is an essential element; such a contract is void and unenforceable.
Question 3 of 5
A valid contract that can no longer be enforced in court because too much time has passed is:
Answer: A. An unenforceable contract was valid but cannot be enforced due to a legal bar such as the statute of limitations or lack of a writing.
Question 4 of 5
A valid contract that cannot be enforced in court, for example because the statute of limitations has expired, is described as:
Answer: C. An unenforceable contract may have been valid when made but cannot be enforced in court, such as when the statute of limitations has run.
Question 5 of 5
A purported contract in which one party promised to perform but the other party gave nothing in return is unenforceable because it lacks:
Answer: B. A binding contract requires consideration from each party. A promise with nothing given in exchange is generally a gratuitous promise and lacks consideration.
Keep the streak going with more questions like these, each with a full rationale.
What you need to know
VOIDABLE means one party may cancel or affirm: contracts with minors, or those induced by fraud, misrepresentation, duress, or undue influence — valid until the injured party elects rescission. UNENFORCEABLE contracts look valid but the courts won't help — an oral land sale (statute of frauds) or one whose limitations period expired. Cue mapping: illegal → void; minor/fraud → voidable; oral land deal → unenforceable. The non-breaching party's election matters: a voidable deal fully performed stands.
Void, Voidable & Unenforceable: FAQs
Is Void, Voidable & Unenforceable on the real estate exam?
Yes. Contracts & Transfer of Title is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
Is this cheat sheet free?
Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.
