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The statute of frauds requires that real estate contracts be in writing. The answer is earnest money. The essential elements of a valid contract are offer and acceptance, consideration, legally competent parties, mutual agreement, and legal purpose.
Required Elements of a Real Estate Contract To establish legality, a real estate contract must include a legal purpose, legally competent parties, agreement by offer and acceptance, consideration, and consent.
One common type of clause is an inspection contingency. This allows the buyer to perform a thorough inspection of the property before finalizing the sale. Another type is a financing contingency. This specifies that the sale is contingent upon the buyer securing financing within a certain timeframe.
In a real estate sale or lease contract, the offer must clearly contain all intended terms of the contract in writing and be communicated to the offeree. -If an offer contains an expiration date and the phrase "time is of the essence," the offer expires at exactly the time specified.
In California, the Statute of Frauds governs which contracts must be in writing and which contracts are valid as oral agreements. Under this law, any contract used to purchase or sell land must be in writing. In addition, any property lease lasting for more than one year must also be in writing.
The contract must be in writing and there must be an offer and an acceptance of said offer. In order for a real estate contract to be enforceable by law, it is required to be in writing. 2. The contract must have mutual assent and legal purpose.
There are four main elements of a valid real estate contract: The party must be the legal age of 18 or older and deemed legally competent. The contract must be legal or hold a legal purpose. A clear and specific consideration must be included in the agreement.
The initial sales contract needs to be assignable. If using the standard commission approved contract there is a box to check at Section 2.2 stating that the contract will be assignable.