When are real estate sales contracts typically enforceable?

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Real estate sales contracts are typically enforceable when they are in writing and signed. This requirement stems from the Statute of Frauds, which mandates that certain types of contracts, including those for the sale of real estate, must be documented in writing to be enforceable in a court of law.

The reason for this requirement is to prevent fraudulent claims and misunderstandings regarding the terms and conditions of the agreement. A written and signed contract provides clear evidence of the parties' intent and the specific terms they have agreed upon, which can be crucial if a dispute arises.

While some jurisdictions might enforce oral agreements under certain circumstances, relying on an oral contract for real estate transactions is generally risky and not advisable. Witnesses and notarization, while they may provide additional legitimacy or protection to the parties involved, are not strictly required for the enforceability of real estate sales contracts under the law. Thus, having a contract that is written and signed is the fundamental prerequisite for ensuring it can be enforced.

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