What type of contract is considered void and will never be enforceable?

A void contract is one that is not legally valid from the moment it is created. This means that it lacks essential elements required for a contract to exist, such as mutual consent, a lawful object, and competent parties. If a contract is deemed void, it is as if it never existed, and no party can enforce it in a court of law.

Understanding the nature of void contracts is crucial for anyone involved in real estate transactions. Common reasons a contract might be declared void include illegality, inability of one or more parties to enter into a contract (due to age or mental competency), or the absence of consideration. Examples include contracts for illegal activities or agreements that are not clear or definite in their terms.

On the other hand, a voidable contract is one where at least one party has the option to void the contract but it remains valid until that option is exercised. An unenforceable contract, while valid, cannot be enforced in a court due to a legal defense or incapacitating factor. An express contract, formed through clear and explicit terms, would not fall into the category of void as it has the necessary elements that validate it.

Thus, the characteristics that define a void contract make it fundamentally different from the other types, confirming that