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Rainmaker
1,506,571
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

And this is.... just for points. 

But in general, try to keep all in writing. Good luck. 

Jan 03, 2017 07:02 PM
Rainmaker
3,494,180
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

There are two types of contracts: an expressed contract, 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 04, 2017 03:50 AM
Rainmaker
3,676,349
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

When in doubt put it in writing.  

Always doubt.

 

PS -- Still chuckling at the answer provided by Inna Ivchenko.

Jan 04, 2017 06:04 AM
Rainmaker
3,066,356
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Inna Ivchenko nailed this one!

Jan 04, 2017 05:23 AM
Ambassador
2,209,980
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

I vote for Nina Hollander's answer. 

Jan 04, 2017 03:10 PM
Rainmaker
1,523,816
Sybil Campbell
Long and Foster REALTORS® 5234 Monticello Ave Williamsburg, Virginia - Williamsburg, VA
REALTOR® ABR, SFR, SRES Williamsburg, Virginia

Nin Hollander nailed it!

Jan 04, 2017 11:50 AM
Rainmaker
1,306,592
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Glad it's for school!  If this was for a cabinet position...

Implied are worth the paper they aren't written on (IOW worthless).  Think of Blimpy from the Popeye cartoons, how many people took him up on "I'll gladly pay you tomorrow for a hamburger today" implied contract?  ZERO!

Jan 04, 2017 09:16 AM
Rainmaker
1,592,130
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Chapter 3, Contracts & Statute of Frauds

Jan 04, 2017 07:03 AM
Rainmaker
3,637,425
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Nina Hollander has it covered! Thanks Nina!

Jan 04, 2017 06:46 AM
Rainmaker
1,411,327
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

stacey wuyts Check out Nina Hollander 's answer. Additionally, the Statue of Frauds requires all real estate contracts to be in writing to be enforceable in a court of law.

Jan 04, 2017 06:28 AM
Ambassador
1,615,582
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

smile today

Jan 04, 2017 06:23 AM
Rainmaker
5,388,650
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Nina Hollander has this one .... 

Jan 04, 2017 06:08 AM
Rainmaker
4,921,226
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Stacey,

Study how your state's views are on this subject.  A

Jan 03, 2017 09:35 PM
Ambassador
3,713,390
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

You can get a lot more out of ActiveRain if you pick your questions carefully. There are some that we can really provide great information - and others that are (or should be) in your class materials.  The second group?  Probably these will not bring you any useful answers.  

Jan 03, 2017 08:20 PM
Ambassador
1,706,708
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Ask an attorney.

Jan 03, 2017 04:34 PM
Ambassador
4,252,332
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I believe an implied contract is based on actions, while an express contract is an agreement based on the written or spoken word. I think most express contracts in real estate must be written, but I am not an attorney

Jan 03, 2017 03:38 PM
Rainmaker
1,042,137
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

Implied refers to BEHAVIOR and actions 

Express refers to what has been written (signed)

Jan 28, 2018 10:32 AM
Rainmaker
4,432,941
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Others have answered 

Jan 04, 2017 06:37 AM
Rainmaker
1,157,329
FN LN
Toronto, ON

The answer may vary based on the jurisdiction and laws and regulations for that jurisdiction. 

Jan 03, 2017 09:00 PM
Rainmaker
4,798,831
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

This is not something I ever have been involved with.

Jan 03, 2017 04:52 PM
Rainmaker
5,883,760
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Study the regulations in your state.

Jan 03, 2017 04:38 PM
Ambassador
4,306,997
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

stacey wuyts - working with a buyer without buyer's agreement is implied contract.

Jan 03, 2017 03:17 PM