What must occur for a real estate licensee to enter into a contract with a client?

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Mutual consent from both parties is essential for a real estate licensee to enter into a contract with a client because it establishes the foundation of a legally binding agreement. This concept, often referred to as "meeting of the minds," means that both the licensee and the client must agree on the terms and conditions of the contract. Without this mutual agreement, a contract cannot be valid or enforced.

For real estate transactions, this mutual consent ensures that both parties understand and accept the stipulations involved, including obligations, rights, and any contingencies that may apply. It is through this agreement that trust and clarity are developed, which are crucial in managing the expectations and responsibilities of both the licensee and the client.

While submission of a written offer is often a part of the contracting process, it does not alone guarantee that mutual consent has been achieved; hence, it cannot stand as sufficient for entering into the agreement. Similarly, while a notary may be involved in some transactions for the purpose of verifying signatures, their presence is not a requirement for the contract itself to be formed. Allowing one party to dictate terms would undermine the principle of mutual consent and could lead to an unbalanced agreement.

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