Do You Need a Written Contract to Buy a House in Ohio?
A short, plain, written, signed contract will beat an oral agreement every single time, especially when buying or selling a house. In Ohio, failing to put your agreement in writing can lead to serious legal consequences. If you don’t do this, you’ll run afoul of Ohio’s Statute of Frauds, making your contract completely unenforceable. That means none of your verbal agreements will count if something goes wrong.
Ohio Statute of Frauds and Real Estate Contracts
Ohio requires that any contract for real estate sale is only enforceable if it is in writing and signed by the person that it is being enforced against R.C. 1335.05. This means that it simply does not matter whether you and another person (let’s face it, it’s probably a family member) have verbally agreed to the sale of a house. Nothing in writing, no enforcement.
What Happens If You Paid Without a Written Contract?
This doesn’t mean someone can just take your money and disappear without consequences. If you’ve paid funds and the property isn’t delivered, you may have grounds to challenge the situation under “unjust enrichment.” When an oral contract is deemed unenforceable under the statute of frauds, but one party has fully performed under the contract, the person who has fulfilled their side of the contract may have cause to challenge the party who hasn’t fulfilled their side of the bargain.
The problem you run into here is that the terms of the agreement quickly become a credibility contest and a court is not going to be especially sympathetic with a party that didn’t bother to write down the terms of the house purchase.
Conclusion
The short version: you may trust your brother, sister, parent, or best friend and feel like you don’t need to write down a formal agreement. Resist this urge. You are setting yourself up for heartbreak. Put it in writing, or don’t buy it at all.
If it’s too late and you’ve already run into trouble with this, or if you’d like assistance with your contract to prevent problems, book a paid consultation now or contact our office to see how we can help.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning & administration.
Nick is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This article is provided for informational purposes only and is intended as a general guideline. Nothing in this content creates an attorney-client relationship or constitutes legal advice on which you should rely without consulting your own retained attorney. If you have questions about your specific legal situation, please contact a licensed Ohio attorney for personalized guidance.
