Spam prevention
Rainmaker
1,278,440
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Technically, verbal agreement ARE binding.  However, verbal agreements are very risky in that they are hard to prove.  It becomes a "he said" she said" scenario.  Never, ever, ever accept a verbal agreement.  Get EVERYTHING in writing so there is no question as to the intent of all parties.  

Jan 04, 2017 04:13 PM
Ambassador
1,612,049
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

A clear verbal is not a legal contract in my opinion, it is merely a promise.

Jan 04, 2017 04:08 PM
Ambassador
3,673,447
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

All you need to know is that in real estate it has to be in writing.

Jan 04, 2017 08:25 PM
Rainmaker
4,796,551
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

We don't honor verbal real estate contracts in Florida.

Jan 04, 2017 04:53 PM
Ambassador
2,344,489
Fred Griffin presently on Leave of Absence
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

No signature, no contract.  Except maybe a lease.

Jan 04, 2017 07:44 PM
Rainmaker
534,200
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
RE/MAX Valencia, Stevenson Ranch, Santa Clarita

I would say that agency can be consumated without any signature but a contract needs to be in writing.

Jan 04, 2017 07:06 PM
Ambassador
3,043,170
Paul S. Henderson, REALTOR®, CRS
RE/MAX Northwest. - Tacoma, WA
Tacoma Washington Agent/Broker & Market Authority!

Follow your state laws and regulations...

Jan 04, 2017 06:52 PM
Rainmaker
5,264,554
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

You may have an implied agreement with a prospect until you reduce it to writing and have their signature.

Jan 04, 2017 05:41 PM
Rainmaker
3,977,611
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Expressed or implied can be construed as a contract.

Jan 04, 2017 05:09 PM
Ambassador
3,185,981
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Depends upon your state law - in North and South Carolina, verbal agreements are not legally binding - it must be in writing.

Jan 04, 2017 05:04 PM
Ambassador
3,914,842
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

I believe almost all, if not all, real estate contracts must be in writing, even though an express contract can be verbal or written. That said, writing is always best and safest and protects the parties. Implied contracts are based on actions

Jan 04, 2017 04:50 PM
Rainmaker
680,634
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Get it in writing. Implication binds ONLY the agent!

Jan 04, 2017 04:45 PM
Rainmaker
533,593
Maria Sapio
Keller Williams of Central PA - Carlisle, PA
Real Estate Agent- Carlisle, PA. Mariasapio.com

Follow Carol Williams advice and it will serve you well throughout your career - 

Jan 04, 2017 04:34 PM
Rainmaker
3,241,080
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

You should sit next to Stacey Wuyts who is also a student and asked a similar question.  Study for the test and learn the correct answers for your licensing exam but it's always best to have everything in writing and documented when you are dealing with real estate.   

Good luck.  

Jan 04, 2017 04:13 PM
Rainmaker
10,987
Brian Burrows - (801)920-9343
Equity Real Estate - Solid - Magna, UT
Let me help you buy or sell your home

As a fellow student, I also have the same question. The only action that I can imagine would hold water is if a seller wants a market analysis and then takes that information to another agent to sell their home. I would probably still give them a free market analysis but only show it on the screen. If they want a printed copy, I would press to find out why and work toward signing an agency agreement.

Aug 23, 2018 04:07 PM
Rainmaker
1,037,644
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

There is no such thing as a binding verbal offer for real estate here in Virginia. Appreciate you taking the time to share the question hope you will continue :-Dave

    

Jan 29, 2018 08:09 PM
Rainmaker
4,870,128
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

ditto to Jeff Dowler.....

Jan 05, 2017 01:59 PM
Rainmaker
1,211,064
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

What Carol Williams said.  Get everything in writing that way there is no confusion or misunderstanding.

Jan 05, 2017 10:25 AM
Rainmaker
1,521,531
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Groundhog Day returns again. Read Chapter 2 Contracts

Jan 05, 2017 06:42 AM
Ambassador
1,613,518
Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

get everything in writing

Jan 05, 2017 06:41 AM
Rainmaker
1,366,927
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Heather Zollinger The Statue of Frauds requires all real estate contracts to be in writing to be enforceable in a court of law. An implied contract is when an agent does not represent a client, but by the agent's actions, the client feels they are being represented.

Jan 05, 2017 06:25 AM
Rainmaker
4,431,983
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Check state laws and talk to an attorney .

Jan 05, 2017 05:18 AM
Rainmaker
3,049,971
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Patricia Kennedy nailed this one!

Jan 05, 2017 03:49 AM
Rainmaker
2,974,714
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Answered this yesterday and week and a week before that, etc.

A good rule of thumb to follow in real estate is that if it's not in writing, it doesn't really exist.

There are two types of contracts: an expressedcontract, which states the promises in clear language, and an implied contract, which is where behaviors or actions lead parties to believe an agreement exists.

Jan 05, 2017 03:22 AM
Rainmaker
1,157,264
FN LN
Toronto, ON

The examples and the answers to your question may differ by jurisdiction

Jan 04, 2017 11:07 PM