contracts

unenforceable contract

An unenforceable contract is one that may appear valid but cannot be enforced in court, often because it fails to meet legal formalities. Examples include an oral agreement to sell real estate, which violates the statute of frauds, or a claim filed after the statute of limitations has run. The parties may still perform voluntarily, but neither can force the other to do so.

Exam tip
Do not confuse unenforceable (valid but no court remedy), void (never had legal effect), and voidable (valid until one party chooses to cancel).
Example
Two neighbors shake hands on the sale of a lot for $60,000 but never sign anything; if the seller backs out, the buyer cannot enforce the oral deal.

Related terms & state variants

Sources

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Last verified: 2026-10-23