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Question: Do all contracts have to be in writing?

Answer:

No. However, in certain cases no court action can be brought unless the promise or agreement is in writing and signed by the party to be held to the contract.

Examples:

  • A promise to answer for the debt, default or miscarriage of another person.
  • A contract to sell, or a sale of, goods in the value of $500 or more, unless the buyer actually receives and accepts part of the goods or gives something in part payment for them.
  • An agreement which is not to be performed within one year.
  • A lease agreement for a period longer than one year, or contract for the sale of real property or an interest in real property.
  • An agreement authorizing or employing an agent or broker to purchase or sell real property for compensation or commission.
  • An agreement to bequeath any property, or to make provision for any person in a will.

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