Legal Question in Real Estate Law in Pennsylvania

oral contract for home sales

I have my house up for sale. A person and his wife came to my house looked it over, came back with the rest of the family, looked it over again, and stated to my and my husband '' we definetky want to buy your house. We shook hands on his statement. Two months later, he informed us he isn't going to buy our house. Do we have a case to sue for breach of oral contract? We've lost the entire summer buying market due to this!


Asked on 8/21/08, 1:09 pm

2 Answers from Attorneys
Michael Berman Law Offices of Michael A. Berman

Re: oral contract for home sales

Unfortunately, you didn't have a contract for the sale of your home since it was never reduced to a written form. There are no handshake deals in real estate.

You need to get a State specific (meaning PA approved) agreement of sale form. Be careful of stock forms sold online and at office supply stores because they often are not state approved forms. A local lawyer can fill one out rather inexpensively if you have trouble finding the right forms.

Mike Berman

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Answered on 8/21/08, 1:21 pm
John Davidson Law Office of John A. Davidson

Re: oral contract for home sales

As Samuel Golden once said, "An Oral Contract isn't worth the paper its written on." Pennsylvania law effective April 10, 1774 requires all contracts for land to be in writing.

Sorry to say you had no enforceable contract as it wasn't in writing and there was no consideration.

If you have any questions feel free to contact me. the initial consultation is free.

{John}

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Answered on 8/21/08, 1:22 pm


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