contracts
express contract
An express contract is one in which the parties state their terms clearly in words, either orally or in writing. Most real estate contracts, such as purchase agreements, listing agreements, and leases, are express contracts. In contrast, an implied contract is created by the parties' conduct. Note that the statute of frauds generally requires contracts to sell real property to be written to be enforceable.
- Exam tip
- Express is about how terms are communicated (in words), not whether the contract is valid or enforceable. An oral express contract to sell land is generally unenforceable.
- Example
- A buyer and seller sign a purchase agreement listing price, closing date, and contingencies, forming an express contract.
Related terms & state variants
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Last verified: 2026-10-23