Legal Question in Real Estate Law in California
Can a sale of a home be done on a handshake, or must there be a a legal document?
Asked on 10/23/16, 10:19 am
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
California's Civil Code requires an agreement in writing, signed by the parties, for the sale of real property or an interest therein. See Civil Code, sections 1622-1624, especially 1624(a)(3). California courts have, or rare occasions, enforced oral agreements for the transfer of ownership of real property where necessary to prevent fraud and for other reasons, but ordinarily a handshake agreement not supported by writing will not eb enforceable.
Answered on 10/23/16, 11:03 am