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Elements of a valid and enforceable real estate contract

By
Education & Training with Rowlett Real Estate School

•To remember elements of a valid and enforceable real estate contract:

  C     Competent parties

  O     Offer and acceptance (meeting of the minds)

  L      Legal purpose

  I      In writing and signed (statute of fraud)

  C     Consideration (valuable or good)

A contract does not have to be in any particular format to be valid, as long as it contains all the essential elements.    

Contracts can be classified by their method of formation, their content, or their legal effect.  The first classification is formal and informal contracts. - Formal contract, historically was in written form and under seal. -The term formal contract also refers to a contract that depends on a particular form.

·         For Example: 

a negotiable instrument such as a promissory note is referred to as a formal contract.a seal is not required to make a contract valid

 

This information is courtesy of Captain Wayne Rowlett and Rowlett Real Estate School www.rowlettrealestateschool.com

Rowlett Real Estate provides traditional classroom training in Panama City, Florida and in Destin Florida.

Feel free to visit our classroom schedule at
http://www.rowlettrealestateschool.com/fl-schedule.htm

Rowlett Real Estate School is a full service Florida real estate school with online real estate courses in most every state at
http://www.rowlettcareerschool.com/

P.Stone, RRES

Posted by

Captain Wayne Rowlett GSI
Rowlett Real Estate School

Barbara Hensley
RE/MAX Properties - Rockwall, TX
Homes for Sale in Rockwall County, Texas

Good morning - Thanks for pointing out the elements of a binding contract.  Best wishes for a fun filled, happy, and safe July 4th!

Jul 03, 2011 11:24 PM
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo and Home Specialists

Always a great reminder to know what is included to have a binding contract, especially the fact that as long as it contains all the essential elements!   

Jul 03, 2011 11:32 PM
Anonymous
Lakisha Vaughan

Savvy discussion - For what it's worth , people want a UT Addendum To Real Estate Purchase Contract , We discovered a fillable form here http://goo.gl/o3ueuG

Sep 02, 2016 12:58 AM
#4
Anonymous
Jonathan Doe

What is a seal?

Mar 06, 2017 07:22 AM
#5
Anonymous
Christine Oldfield

After viewing property and making an offer real estate sales man shakes hands with potential buyer with a follow me back to real estate to sign contract. On arrival to be notified by phone in the car before getting inside real estate sorry property is gone.Very upsetting.Whats legal whats not ?? Seems unethical to me, a handshake means nothing.

Feb 18, 2020 12:01 AM
#6