Need help on capital gains from real estate sale

...But, from what I understand, a verbal contract is valid even with real estate if both agree on the terms... ...

Like any other form of agreement, if the parties agree then there is no need for a written contract.

The nuance of the difference is while verbal contracts are generally enforceable, they are not enforceable for real estate. So where Souschef said invalid and I agreed with him, we really meant unenforceable.

Real estate contracts must always be in writing in order to be enforceable. While it's not illegal to have an oral contract, courts historically will not enforce non-written real estate contracts.

Also:

A contract can be oral, can be written, and can even be implied by the conduct of the parties. However, certain contracts are governed by a concept in the law known as the Statue of Frauds. The Statute of Frauds is not actually one particular statute, but rather a collection of statutes that require certain types of contracts to be in writing.

The Statute of Frauds exists to try and strike a balance between people that believe in the old adage “a man is only as good as his word,” and those individuals that are concerned about meritless claims or false assertions brought by unscrupulous individuals. To try and create this balance, there are various statutes that spell out certain types of contracts that must be in writing to be enforceable.

Some of the more common contracts that must typically be in writing to be enforceable by business attorneys include certain contracts for the purchase or sale of real estate....
 
I agree that the contract would not be enforceable if verbal... but it still would stand up as a contract for tax purposes...

I had asked what was the understanding of the two parties when the deal was struck... OP said he was planning on 'giving' the property away after 35 years... I just wanted to know if this was only in his head or the other person 'knew' this was going to happen...

It does not matter know as OP has consulted a professional and it happy with the course they are pursuing.... at least that is what I infer from the posts...
 
Back
Top Bottom