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Can a verbal offer be withdrawn

image of hands holding money

This question sometimes comes up when a buyer has made a verbal offer or a seller has made a verbal offer and then reconsiders things and determines they don't wish to solidify their offer. When this happens, is it legal?

As with any legally binding contract, you should seek legal advise from an active lawyer versed on real estate law before proceeding with any decisions/actions. However, when it comes to the sale of real property, the Statute of Frauds stipulates that contracts must be in writing in order for them to be enforceable. As such, if the parties involved in the verbal exchange do not have anything in writing to capture their offer/acceptance, then it is likely unenforceable. Keep in mind that even an email capturing the offer changes this as it puts the information in writing making it an enforceable matter. This is why it is so important to keep a written record of all agreements and ensure that it is shared with both parties.


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