Indiana real estate contracts must be:
Question & Answer
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Verbal
Verbal real estate contracts are not enforceable in Indiana; while parties may verbally discuss terms, no court will enforce a verbal agreement for the sale of real property because Indiana's Statute of Frauds mandates a written, signed contract.
In writing to be enforceable
Witnessed
Indiana does not require real estate contracts to be witnessed as a condition of enforceability; while witnesses may be used for deeds in some contexts, the standard purchase agreement requires only the signatures of the parties, not third-party witnesses.
Notarized
Notarization is not a requirement for real estate purchase contracts in Indiana; notarization is associated with deeds and certain recorded documents, but the underlying purchase and sale agreement itself does not need to be notarized to be enforceable.
Why is this correct?
Indiana Code §32-21-1-1 (Indiana's Statute of Frauds) explicitly requires that any contract for the sale of land or any interest in land must be in writing and signed by the party against whom enforcement is sought in order to be legally enforceable in court. A verbal agreement to purchase real estate in Indiana, no matter how clearly both parties understood the terms, cannot be enforced if one party later denies the agreement or changes their mind. The writing requirement also protects against fraud by ensuring that the specific terms — price, property description, closing date — are documented at the time of agreement.
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