Are verbal agreements to sell real proeprty in Texas enforceable?

Dated: 09/04/2019

Views: 139

NO!

As a starting point, verbal contracts do exist and are legally enforceable in Texas, as a matter of law, if they meet necessary legal requirements and specificity. Adequate consideration must be given between the two parties of a verbal contract to make it binding. Adequate consideration is defined in two ways: (1) having a mutual reciprocal exchange [bargained for exchange] or (2) having legal value [an individual must do something that he or she is not legally obligated to do]. If adequate consideration is given between both parties and all other legal requirements are met, then a verbal contract may be held valid in a court of law.

HOWEVER, verbal contracts are also limited by the Statute of Frauds. The Statute of Frauds requires a verbal agreement to sell real estate be reduced to writing and signed by the buyer and seller to become valid. While verbal negotiations of contracts can be a quicker way to reach an agreement, verbal agreements are not enforceable for the sale of real property.

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Hava Johnston

The Johnston Home Team Sean and Hava Johnston operate a full service real estate team in the North Dallas area specializing in residential properties, estates, investment properties, new constructi....

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