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Minnesota real estate contracts must be:

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Question & Answer

Review the question and all answer choices

A

Verbal

A verbal real estate contract in Minnesota is unenforceable under Minnesota Statutes § 513.04 regardless of how clear or detailed the oral agreement was; no court will compel performance of an oral real estate contract because the Statute of Frauds bars such actions.

B

In writing to be enforceable

Correct Answer
C

Notarized

Notarization is not a requirement for enforceability of a real estate purchase contract in Minnesota; while a deed must be acknowledged (typically before a notary) to be recorded under Minnesota Statutes § 507.0943, the purchase agreement itself requires only writing and signature, not notarization.

D

Witnessed

Witnesses are not required for a Minnesota real estate purchase contract to be valid and enforceable; witness requirements in Minnesota apply to specific legal documents such as wills (Minnesota Statutes § 524.2-502) but not to real estate purchase agreements.

Why is this correct?

Answer B is correct because Minnesota Statutes § 513.04 explicitly states that no action shall be maintained upon a contract for the sale of lands unless the agreement is in writing and subscribed by the party charged. This means an oral real estate contract in Minnesota is not merely weak evidence — it is completely unenforceable as a matter of law. The writing requirement ensures that all material terms (price, property description, closing date, contingencies) are documented and agreed upon before either party can be legally compelled to perform.

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