Contracts
A West Virginia real estate contract that contains an illegal provision is:
AVoidable at the option of either party
BVoid ab initio (void from the beginning) as to the illegal provision✓ Correct
CUnenforceable only in federal court
DAutomatically reformed by a court to remove the illegal provision
Explanation
A contract with an illegal purpose or provision is void — it has no legal effect from the beginning. Courts generally will not enforce contracts based on illegal subject matter.
Related West Virginia Contracts Questions
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