contracts

implied contract

An implied contract is an agreement formed by the conduct or actions of the parties rather than by written or spoken words. The law infers that the parties intended to be bound from how they behaved. Because contracts to sell or transfer interests in real estate generally must be in writing under the statute of frauds, implied contracts are rarely enforceable for land sales themselves.

Exam tip
Contrast with an express contract, whose terms are stated in words. A common test question: implied agency can arise from an implied contract.
Example
A broker shows homes and writes offers for a buyer who accepts the help without objection. A court might find an implied agency contract.

Related terms & state variants

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Last verified: 2026-10-23