Mistake (contract law) void. Traditionally, Caveat Emptor (let the buyer beware), and under Common Law Caveat Venditor (let the seller beware). A contract might be voidable from unilateral mistake for any of the following: A mutual mistake occurs when the parties to a contract are both mistaken about the same "material" fact within their contract. They are at cross-purposes. There is a meeting of the minds, but the parties are mistaken. Hence the contract is voidable. "Collateral" mistakes will not afford the right of rescission. A collateral mistake is one that 'does not go to the heart' of the contract. For a mutual
Buyer agency agreement a significant economic conflict of interest if their commission is split with the Seller's Agent, as in most real estate transactions. Because a commissioned Buyer's Agent is paid more if the Buyer pays more money, the Buyer's Agent has a direct economic incentive to make the Buyer pay more for a property. Buyer agency agreement Buyer Agency Agreements are where a Realtor represents the buyer of real estate. With the advent of "Buyer Agency" (Buyer Brokerage) in the early 1990s as opposed to seller agency, a real estate Agent/Broker agrees and contracts to represent the Buyer in her purchase of