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Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.

Implied Contracts

An implied contract in real estate is an agreement inferred from the parties' conduct rather than written or spoken words, creating enforceable obligations when actions show mutual intent to contract, such as accepting services or benefits with knowledge of expected payment.

Exam context

Select implied contract when parties act as if contracted without a formal document. Statute of frauds still requires writing for real property sales. Implied warranty of habitability applies to leases by law, not party conduct alone.

Implied-in-fact agreements

Courts look for offer, acceptance, and consideration demonstrated through behavior. A broker who procures a ready buyer with the seller's knowledge and the seller closes may owe commission even without a signed listing if prior dealings established a customary fee arrangement. Written statutes of fraud still block implied contracts to transfer land title without a signed writing.

Agency and commission context

License law prefers express agency disclosures. Implied agency from prolonged conduct can trigger undisclosed dual agency violations. Agents should document agreements in writing before performing significant services to avoid implied contract litigation over procuring cause or referral fees.

Examples

  • Open listing conduct

    A seller repeatedly pays a flat fee after closings brokered by the same agent without signing a new listing each time. A court may find an implied-in-fact agreement to pay on the established pattern.

  • Unauthorized services

    A contractor finishes a roof repair the owner watched and accepted without protest. Payment may be implied for the reasonable value of services, separate from a land sale contract.

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