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An implied contract in real estate is like an agreement between two parties that is not written down, but still exists based on their actions and behavior. It's a kind of understanding between a buyer and seller, or a landlord and tenant, that is not formalized in a written contract.
For example, if a landlord promises to make repairs to a rental property before a tenant moves in, and the tenant agrees to pay rent each month, there may not be a written contract that specifies these terms. However, both parties understand their roles and responsibilities based on their actions and discussions.
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Implied contracts are relatively common in real estate, especially in situations where the parties have a longstanding relationship or where the terms of the agreement are relatively straightforward.
However, one potential downfall of implied contracts is that they can be difficult to enforce, especially if there is a disagreement between the parties about the terms of the agreement. Since there is no written contract to refer to, it may be difficult to prove what the parties agreed to or what their expectations were.
In some cases, implied contracts may not be legal, especially if they violate certain laws or regulations. For example, in some states, certain real estate transactions must be in writing in order to be enforceable. Additionally, if one party claims that there was no agreement, it may be difficult to prove that an implied contract existed.
It's always a good idea to formalize any agreements in writing to avoid misunderstandings or disputes. A written contract can provide clear guidance for both parties, and can be used as evidence in the event of a dispute.
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An implied contract in real estate,
Is like an agreement you can't see or trace.
It's not written down, but still exists,
Based on actions and words that persist.
For example, a landlord may say,
"I'll fix that leak before you move in today."
The tenant agrees to pay rent on time,
Even if there's no contract they must sign.
So, an implied contract in real estate,
Is a deal between two, that may not be straight.
But both parties know what they must do,
Based on their actions and words, it's true.