What is the correct answer to: Delaware real estate contracts must be:

The correct answer is In writing to be enforceable. Answer B is correct because Delaware's Statute of Frauds (6 Del. C. § 2714) explicitly requires that any contract for the sale of real estate must be in writing and signed by the party to be charged in order to be enforceable in court. A verbal agreement to buy or sell real property in Delaware is legally unenforceable, meaning neither party can compel the other to perform based solely on an oral promise. This writing requirement is one of the most consistently tested principles in Delaware real estate law.

What background knowledge is needed for this Contracts question?

The Statute of Frauds traces its origins to the English Parliament's Act for Prevention of Frauds and Perjuries of 1677, which was enacted to combat widespread perjury in courts where parties fabricated oral agreements to claim land ownership. American colonies and later states adopted their own versions, with Delaware's modern codification found in Title 6 of the Delaware Code. Over centuries, courts have refined the doctrine to include exceptions such as part performance — where a buyer who has paid, taken possession, or made improvements may enforce an oral contract in equity — but the written requirement remains the default rule. The principle has remained remarkably stable because the underlying problem of fraudulent land claims has never disappeared.

What is a good way to remember the answer to this Contracts question?

Use the phrase 'Real Estate = Real Paper' to remember that anything involving real property must exist on paper to be real in the eyes of the law. Visualize a verbal promise literally dissolving into thin air like smoke — it looks real for a moment, but you can't hold it, prove it, or enforce it without a written document. This 'smoke vs. paper' image will instantly remind you that only writing survives in court. Remember W.R.I.T.E. when asked about real estate contracts - it reminds you they must be in writing to be enforceable

What exam tip applies to this Contracts question?

On the Delaware real estate exam, whenever a question involves the enforceability of a contract, your first instinct should be to ask: 'Is this in writing?' If the answer is no, the contract is unenforceable — full stop. Be careful not to confuse contract requirements (writing) with deed requirements (notarization/acknowledgment), as exam writers frequently use these as trap answers.

How does this Contracts concept apply in real world practice?

Imagine a Delaware homeowner verbally agrees over the phone to sell her Wilmington row home to a neighbor for $280,000, and the neighbor immediately begins making plans to renovate. When the homeowner later receives a higher written offer from another buyer and accepts it, the neighbor has no legal recourse because no written contract was ever signed. Despite witnesses to the phone call and text messages referencing the deal, a Delaware court would refuse to enforce the oral agreement under the Statute of Frauds. This painful outcome illustrates exactly why the writing requirement exists — to protect buyers and sellers alike from the chaos of disputed oral promises.

ContractsGeneralEASY

Delaware real estate contracts must be:

Correct Answer

D) In writing to be enforceable

Delaware Statute of Frauds requires real estate contracts to be in writing.

Answer Options

Verbal

Witnessed

Notarized

In writing to be enforceable

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Related Concepts

Contract Termination

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

Counteroffer

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest Money Deposit

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

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Delaware real estate contracts must be:

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