Oral Representations in a Real Estate Contracts

When it comes to real estate transactions, it’s essential to understand the legal nuances that can impact your purchase or sale. One critical aspect to consider is the role of oral representations in a real estate contract. In this blog, we will explore why it’s crucial to rely on written agreements when navigating the real estate market.

Oral Representations in Real Estate Contracts: An Overview

In the fast-paced world of real estate, negotiations can happen swiftly, and important information may be exchanged verbally. However, in Alberta, as in many other jurisdictions, the law dictates that oral representations hold limited or no weight when it comes to real estate transactions.

Why Oral Representations Are Not Binding

1. The Statute of Frauds: In Alberta, real estate transactions fall under the Statute of Frauds, which requires certain contracts to be in writing to be legally enforceable. Real estate contracts are one such category. The law’s intention is to prevent potential disputes by ensuring that important agreements are documented and clear.
2. Written Agreement Requirement: In real estate deals, it’s not enough to rely on verbal assurances or promises. The Alberta law mandates that all essential terms and conditions must be documented in writing to be legally binding. This includes details such as the property’s price, closing date, and any special conditions.
3. The Importance of a Signed Contract: To protect your interests and have a legally enforceable agreement, it’s crucial to have a signed contract that outlines all the terms, obligations, and responsibilities of both the buyer and seller. This written document serves as the foundation of the transaction and can be relied upon in case of disputes.

The Pitfalls of Relying on Oral Representations

While verbal agreements and promises may seem convenient in the heat of a real estate negotiation, they can lead to significant problems down the road. Here are some pitfalls to consider:

1. Lack of Clarity: Oral representations can be vague and subject to interpretation. This can lead to confusion and disagreements about what was promised.
2. Difficulty in Enforcement: Without a written agreement, enforcing oral promises can be challenging. If a dispute arises, it may be challenging to prove what was agreed upon.
3. Legal Vulnerability: Relying solely on verbal agreements can leave you legally vulnerable. In case of disputes, you may not have a solid foundation to protect your rights or seek remedies.

The Importance of a Real Estate Lawyer

Given the legal complexities of real estate transactions, it’s highly advisable to involve a qualified real estate lawyer. They can guide you through the process, ensure that all agreements are properly documented, and protect your interests. By relying on written agreements and legal expertise, you can minimize the risk of misunderstandings and disputes in your real estate dealings.

In Alberta, oral representations in a real estate contract are not binding, and reliance on verbal assurances can lead to significant challenges and disputes. To protect your interests and ensure a smooth real estate transaction, it’s crucial to have a written agreement that complies with the law. Additionally, seeking the guidance of a real estate lawyer can provide you with the legal expertise necessary to navigate the complexities of real estate transactions in Alberta effectively. When it comes to real estate, remember: if it’s not in writing, it’s not legally binding.

Erin Crocker

Hi! I’m Erin Crocker. I’m a real estate lawyer with over 10 years of experience in Alberta and British Columbia real estate law. I love technology and efficiency. I’m on a mission to create a modern, digital closing experience for buyers and sellers through technology, transparency and sharing knowledge.