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  • Writer's pictureZachary Epps

Does A Real Estate Contract Need To Be In Writing?

In Colorado, real estate contracts are generally governed by state laws that require certain agreements to be in writing to be enforceable. The Statute of Frauds, which exists in many states, including Colorado, requires that contracts involving the sale or transfer of real property must be in writing to be legally binding.

Real Estate Contract
Real Estate Contract

The Statute of Frauds in Colorado is outlined in § 38-10-108 of the Colorado Revised Statutes. This statute states that contracts for the sale of real estate or any interest in it, leases for longer than one year, and agreements to pay someone else's debt related to real estate must be in writing to be enforceable in court.

Therefore, when it comes to real estate transactions, it's crucial to have a written contract to ensure its validity and enforceability in the event of a dispute. Oral agreements regarding the sale or transfer of real estate in Colorado are generally not enforceable in court due to the Statute of Frauds.

A valid written real estate contract in Colorado typically includes essential elements such as:

  1. Identification of the parties involved: The contract should clearly identify the buyer(s) and seller(s) involved in the transaction.

  2. Description of the property: The contract must contain a detailed and accurate description of the real estate being bought, sold, or transferred.

  3. Purchase price and terms: The agreed-upon purchase price and any terms and conditions related to payment, financing, deposits, and closing costs should be clearly outlined.

  4. Contingencies and deadlines: Any contingencies, such as inspections, appraisals, financing approvals, and deadlines for meeting these conditions, should be specified in the contract.

  5. Signatures: The contract needs to be signed by all parties involved to be legally binding.

It's important to note that while written contracts are generally required for real estate transactions in Colorado, there might be exceptions or specific circumstances where oral agreements could be enforceable. However, relying on oral agreements in real estate transactions can be risky and may lead to misunderstandings or disputes.

Colorado's real estate contract law generally mandates that contracts involving the sale or transfer of real property must be in writing to be enforceable. Parties involved in real estate transactions are strongly advised to seek legal advice and ensure all agreements are properly documented in writing to protect their interests and uphold the validity of the contract.

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