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Many real estate agents think they are representing clients when in fact they have no written agreement.
Jason Osborn An implied contract is where through the actions of the parties an agreement was established. The Statue of Frauds states all real estate contracts should be in writing.
I am involved with one now where X boyfriend thinks his verbal agreement with X girlfriend is enforceable even though he is not on title or on the mortgage? What do you think? I said good luck... Real Estate matters have to be written areements.
Jason Osborn - I think showing homes to buyers without any contract can be considered as 'implied contract'.
Hella M. Rothwell, Bro...
Carmel by the Sea, CA
Everytime you work with a buyer without getting a buyers agency signed you run a high risk of an implied agency situation.
I think if you call a service person to come provide a service and they come you have an implied contract. If you talk it out over the phone then do not require a service call I don't think you have an agreement.
I got in a cab and told the driver to take me to Lemmon and Mockingbird. It was implied he would take me and that I would pay him for taking me.
Not sure about any other states, but here in Arizona all Real Estate transactions must be in writing. I have had a couple of procurring cause issues, but that is a different beast all together.
ALWAYS get it in writing - and not just in Real Estate.
If it is not in writing, it may not be enforceable, therefore get it in writing
In Oklahoma we are transaction brokers so in showing buyers we have no contract. Buyers are free agents to do what they like. On the listing end there is no implied contract. To me marketed and put in the MLS requires a contractural written agreement.