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Well contrary to what many people think oral contracts are valid with some exceptions.
However, in this instance the agent turned down your offer, so there is no contract. It would be a strange world in which a turned down offer just exists in perpetuity to be reactivated whenever the other party felt like it.
Well contrary to what many people think oral contracts are valid with some exceptions.
However, in this instance the agent turned down your offer, so there is no contract. It would be a strange world in which a turned down offer just exists in perpetuity to be reactivated whenever the other party felt like it.
You have nothing to worry about.
Contracts to sell real property are one of those exceptions. In this case the oral contract is 100% non-binding.
Contracts to sell real property are one of those exceptions. In this case the oral contract is 100% non-binding.
Technically this is not a contract to sell real estate. It's a Personal Services agreement or whatever you want to call it. Either way, the agent needs to possibly have a complaint filed against her.
I know about the statute of frauds, but thanks anyway.
Well you failed to indicate your knowledge of it as you offered mixed advice in your first and second sentences.
Nobody here said "all verbal contracts are worthless" and that was not the question posed. The question posed was specific and the answers given were specific...you muddied the water, others here clarified it - but thanks for chiming in with true, yet irrelevant advice.
She has no case without a written agreement signed by you and her.
Quote:
Originally Posted by fearnofish
"If it's not in writing, it never happened" would be the case here.
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Originally Posted by 399083453
Verbal contracts are as good as the paper they are written on.
Quote:
Originally Posted by marksmu
Well you failed to indicate your knowledge of it as you offered mixed advice in your first and second sentences.
Nobody here said "all verbal contracts are worthless" and that was not the question posed. The question posed was specific and the answers given were specific...you muddied the water, others here clarified it - but thanks for chiming in with true, yet irrelevant advice.
Really? Although I guess they didn't say the exact words "all verbal contracts are worthless".
As for muddying the waters it was likely a personal service contract, and not a contract for the purchase of real property. So it would be easier to knock out the contract based on the fact that the offer was already rejected.
She has no case without a written agreement signed by you and her.
Quote:
Originally Posted by Captain Obvious
Really? Although I guess they didn't say the exact words "all verbal contracts are worthless".
As for muddying the waters it was likely a personal service contract, and not a contract for the purchase of real property. So it would be easier to knock out the contract based on the fact that the offer was already rejected.
But whatever you say chief.
I was only referring to real estate contracts. This likely varies by state, but at least in AZ where I am, a "contract" for real estate services would still require written acknowledgement.
From Arizona Administrative Code R4-28-1102:
Quote:
G. A salesperson or broker shall not accept any compensation, including rebate or other consideration, directly or indirectly, for any goods or services provided to a person if the goods or services are related to or result from a real estate transaction, without that person’s prior written acknowledgement of the compensation.
Technically, verbal agreements are generally legally binding as it creates an oral contract. However, under a principle called the "Statute of Frauds" and Contract Law, the sale of land must be in writing. It appears that the realator does not have a case, especially since it's been greater than 3 years of agreement. Good luck!
Technically, verbal agreements are generally legally binding as it creates an oral contract. However, under a principle called the "Statute of Frauds" and Contract Law, the sale of land must be in writing. It appears that the realator does not have a case, especially since it's been greater than 3 years of agreement. Good luck!
I don't think the agent is owed anything because she refused to work with the OP, then came back later wanting a commission.
But just for clarification, the contract between the agent and the owner is not a contract for the sale of land. It's an employment agreement.
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