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Roy Kelley
Retired - Gaithersburg, MD

Many real estate agents think they are representing clients when in fact they have no written agreement.

Jan 24, 2016 02:07 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

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.

Jan 24, 2016 01:42 AM
Jack Lewitz
Exit Strategy Realty - Evanston, IL

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.

Jan 23, 2016 10:06 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Jason Osborn - I think showing homes to buyers without any contract can be considered as 'implied contract'.

Jan 23, 2016 03:34 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Everytime you work with a buyer without getting a buyers agency signed you run a high risk of an implied agency situation.

Apr 17, 2019 08:56 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

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.

Aug 26, 2016 12:34 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

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.

Jan 24, 2016 10:58 PM
Spirit Messingham
Tierra Antigua Realty - Tucson, AZ
Third Generation Full-Time Realtor® 520 471-6900

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.

Jan 24, 2016 12:40 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

ALWAYS get it in writing - and not just in Real Estate.

Jan 23, 2016 11:05 PM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

If it is not in writing, it may not be enforceable, therefore get it in writing

Jan 23, 2016 10:55 PM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

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.

Jan 23, 2016 10:08 PM