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Which of the following is required for a valid contract in California?

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Question & Answer

Review the question and all answer choices

A

A witness signature

Witness signatures are not required for the validity of most California real estate contracts; they may be required for certain documents like wills (Probate Code §6110) but are not among the four elements of contract formation under Civil Code §1550.

B

Notarization

C

Mutual consent

Correct Answer
D

Recording

Recording provides constructive notice to third parties and protects against subsequent claims, but it is not a requirement for a contract to be valid — an unrecorded deed, for example, is still fully enforceable between the grantor and grantee.

Why is this correct?

Mutual consent, formed through a valid offer and acceptance, is one of the four elements explicitly required by California Civil Code §1550 for contract validity. It is the only answer choice that reflects a true legal requirement — the 'meeting of the minds' ensures both parties understand and agree to the same material terms, which is the very essence of a binding agreement.

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