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

" A metal plate attached to the lower end of a door to prevent marring from people "kicking" the door in order to open it. A metal plate mounted on the open edge of a stairs platform." ...

When we talk about agency as a real estate concept, we understand the relationship between the real estate agent and the client. However, the term dual agency defines a type of agency that ...

A decrease in spending dollars because of a decrease in the money supply. Less funds available to prospective home buyers by lenders. Attractive mortgages are difficult to get. ...

The company is not responsible to a third party if an account or financial instrument is dishonored by the debtor. The creditor's recourse is solely to the debtor's property. An example is ...

Impeding and restricting people in various activities based on their race, ethnic reasons, or religion now goes against US laws in effect. In the past, especially in the 1960s, ...

Local governmental ordinance breaking down the country into districts that are restricted on how private property is to be constructed and used. It applies to the land and buildings. The ...

If you are a real estate investor and you come across this term, you might wind up wondering … What is the operating expense ratio? The operating expense ratio (OER) is a way for ...

Substance or material used at the top of a chimney at the roof to inhibit the development of moisture and to protect the metal. ...

Situation where a neighbor hood is gradually occupied by progressively lower income people. ...

Popular Real Estate Questions