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Most contracts can be either written or oral and still be legally enforceable, but some agreements must be in writing in order to be binding. However, oral contracts are very difficult to enforce because there's no clear record of the offer, consideration, and acceptance.
Contracts that cannot be performed within one year must be in writing. However, any contract with an indefinite duration does not need to be in writing. Regardless of how long it takes to perform the duties of the contract, if it has an indefinite duration, it does not fall under the Statue of Frauds.
The most important sections include:Offer & closing dates.Legal names of the buyer(s) & seller(s)Property address, frontage, and legal description.Offer price & deposit amount.Irrevocable date for when the offer is good until.Chattels & fixtures included and not included in the sale.Rental items included in the sale.More items...
All parties must have the legal capacity to make the purchase. The purchase contract is also based on consideration, which is what is monetary value being exchanged for the real estate, company stock or other assets. A real estate purchase agreement must be written and signed for it to be legally enforceable.
How to write a real estate purchase agreement.Identify the address of the property being purchased, including all required legal descriptions.Identify the names and addresses of both the buyer and the seller.Detail the price of the property and the terms of the purchase.Set the closing date and closing costs.More items...