For a contract to be enforceable under Texas law, consent must be?

Enhance your understanding of Texas real estate law with the Texas Legal Update I Test. Study with multiple choice questions, each with explanations, and prepare for success on your exam!

In Texas, for a contract to be enforceable, consent must be informed and voluntary. This means that all parties involved must fully understand the terms and conditions of the agreement and must agree to them without any form of pressure or manipulation. Informed consent implies that the parties are aware of all relevant facts and implications of the contract, allowing them to make a knowledgeable decision. Voluntary consent ensures that the agreement is made freely, without duress or undue influence, which could invalidate the contract.

While it is not uncommon for certain contracts to be required to be written or notarized for enforceability, the core aspect of consent hinges on the understanding and willingness of the parties to enter the agreement. Contracts formed under coercion would be automatically void due to the lack of free will in agreeing to the terms. Similarly, stating that consent must be strictly verbal or requiring it to be written and notarized does not hold true for all contracts, as many agreements can be formed orally or do not necessarily require notarization unless specified by law or the nature of the contract itself.

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