Definition of "Voidable contract"

Bob McGrath real estate agent

Written by

Bob McGrathelite badge icon

Key Realty

The first thing we have to understand about the voidable contract definition is that it is not the same thing as a void contract. A voidable contract can become a void contract if a court deems it void based on the terms or other legal reasons that make the contract unenforceable. 

A voidable contract is a type of formal agreement between two or more parties. While the voidable contract was signed, it can afterward be contested based on information that was withheld, hidden, or unknown by the parties involved in the contract.

What is a Voidable Contract?

As mentioned above, a voidable contract may be considered enforceable and legal when it is signed. At that point, the parties involved agreed on the terms mentioned in the contract, and nothing was out of order. However, if one or more of the parties involved encounters a defect within the contract or an attempted fraud through the contract’s specifications, the voidable contract can be brought in front of a judge and be rendered unenforceable or, in other words, void.

Some voidable contract examples that include reasons for a contract to be voidable are:

  • An illegal party entering into the contract;
  • Undue influence or manipulation;
  • Mistakes, misinterpretations, or fraud;
  • Withholding material facts;
  • Unconscionable terms;
  • A breach of contract.

Something to keep in mind, however, is that there are situations where the party could reject a contract and render it unenforceable and void through court but decides against it and goes through with the contract. In those situations, the contract remains valid and enforceable.

Voidable vs. Void Contract

When one or more parties would not have entered into a contract had they known the true nature of the contract, the contract becomes a voidable contract. The reason stated above, works as voidable contract examples as once the party is made aware or becomes aware of situations like that they can reject the contract after having signed it. Take here the voidable contract example of illegal parties. An individual that is a minor legally can not sign a contract without a parent or a guardian present. This situation can render the contract void.

In comparison, a void contract is unenforceable from the start. There is no situation in which a void contract is considered legal or enforceable. The reasons a contract is considered void from the start are agreements that are considered by nature illegal, if a party is incapable of understanding the terms, or if a party is inebriated, and so on.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Amount charged for each unit of rental property. An example of a unit might be square footage of space or an apartment. ...

A clause that may be inserted into a purchase agreement or a lease indicating that subject property must be properly maintained in order to validate the contract. The effect is to create ...

A right or interest in property held by a third party, which often limits the use and diminishes the value of the property, but usually does not prevent the transferring of title. The more ...

Depressed, poorly kept locality that may include vacant businesses. It may be a high crime area. The people living in the area are typically poor and there may also be homeless people. ...

The first mortgage on property when other mortgages exist as well, as in the case of a wraparound loan. For example, the total amount financed might be %200,000 of which the first lien is ...

A scholar second mortgage definition would go something like: a loan with a second-priority claim against a property in the event that the borrower defaults. But that’s too stiff, ...

A recorded plat defines a subdivision map that you have to file in the county recorder’s office. It will show the location and boundaries of your parcels of land. Knowing this, we can ...

A flexible price that may be adjusted. A resolved situation between two or people or parties through discussions in which common interests are modified. For example, real estate ...

Landlord's right to receive the value of the tenant's property to pay for unpaid rents or for damages to the leased premises. ...

Popular Real Estate Questions