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To be enforceable, a land sale contract must satisfy the Statute of Frauds, which generally requires that these contracts be in writing and signed by the parties. Note that this writing is apart from the instrument under which the actual transfer takes place, which is known as the ?deed.?
A sales contract is a special type of contract. In order for it to be valid, it must contain clauses about free consent and the competency of the signing parties. A sale and an agreement to sell are part of a sales contract.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.
Any purchase agreement should include at least the following information: The identity of the buyer and seller. A description of the property being purchased. The purchase price. The terms as to how and when payment is to be made. The terms as to how, when, and where the goods will be delivered to the purchaser.
A sufficient description of the real property to be sold. The sale price, or consideration to be paid for the real property by the buyer. The amount of any earnest money deposit to be paid by the buyer. The manner of payment of the sale price by buyer, including when it will be paid.
Under a land contract, the purchase price for the real estate is paid over time. The buyer may or may not make a down payment, but will usually make monthly payments until the purchase price, plus the interest, are paid in full. The seller retains legal title to the real estate until the purchase price is paid in full.
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.
A gas sale agreement (GSA) is the key agreement documenting the sale and purchase of a quantity of natural gas.