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 building having one house hold on the first floor and a second household on the second floor. ...

Tax term describing current and necessary business expenses. Ordinary and necessary business expenses do not include long-term capital losses. For example, the XYZ stationary store deducts ...

Site where mobile homes are located. Mobile home parks are often mandated by municipal zoning laws. They provide necessary utilities to the mobile homes often including recreational ...

A lease requiring tenants to pay all utilities, insurance, taxes, and maintenance costs. ...

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 ...

Glass containing wire support to make it stronger. There is less chance of glass being broken into pieces and hurting people. ...

Additional tax liability that the IRS deems to be owed by a taxpayer. A taxpayer can argue the correctness of a deficiency with the IRS. There can be an appeal to the Tax Court without ...

Clause in a mortgage that allows the borrower to pay more than the monthly amount and to retire the loan early without a penalty. ...

Body o law relating directly to condominiums and cooperative developments. Most property law provides vertical ownership of property in the sense that property owners own mineral rights as ...

Popular Real Estate Questions