Key Takeaways

  • DC follows the Statute of Frauds requiring real estate contracts to be in writing and signed
  • Valid contracts require offer, acceptance, consideration, legal capacity, and lawful purpose
  • Earnest money must be deposited within 7 days into an escrow account at a DC-insured financial institution
  • Standard contract forms are available through the Greater Capital Area Association of Realtors
  • Time is of the essence clauses are commonly used and strictly enforced
Last updated: January 2026

DC Contract Requirements

DC real estate contracts must meet specific legal requirements to be valid and enforceable.

Statute of Frauds

Under the Statute of Frauds, contracts for the sale of real property must be:

  • In writing
  • Signed by the party to be charged (or their authorized agent)

Key Point: Oral agreements to sell real estate are generally unenforceable in DC.

Essential Elements of a Valid Contract

ElementDescription
OfferClear proposal with definite terms
AcceptanceUnequivocal agreement to the offer's terms
ConsiderationSomething of value exchanged (usually money)
Legal capacityParties must be competent to contract
Lawful purposeContract cannot be for illegal purposes
In writingRequired for real estate contracts

Common Contract Forms

DC real estate professionals typically use:

FormUse
Regional Sales ContractStandard purchase agreement (GCAAR)
Commercial ContractBusiness property transactions
Lease AgreementRental property
Listing AgreementSeller representation
Buyer Agency AgreementBuyer representation

Note: The Greater Capital Area Association of REALTORS (GCAAR) provides standardized forms used by many DC licensees.

Earnest Money Deposits

Earnest money (also called a good faith deposit) demonstrates the buyer's serious intent.

DC Deposit Requirements

RequirementDetails
Deposit deadlineWithin 7 days (absent contrary written instructions)
Where depositedEscrow account at DC-insured financial institution
Account typeFDIC or FSLIC insured (or successor)
Who holdsBroker/escrow holder maintains separate account

Common Contract Contingencies

Contingencies allow parties to exit the contract if certain conditions aren't met:

Financing Contingency

ElementDetails
PurposeBuyer can cancel if financing not obtained
TimelineSpecified number of days to secure commitment
DocumentationMay require denial letter from lender

Inspection Contingency

ElementDetails
PurposeBuyer can inspect property and negotiate repairs
TimelineInspection period specified in contract
OptionsAccept, negotiate repairs, or cancel

Appraisal Contingency

ElementDetails
PurposeProtects buyer if property appraises below price
OptionsSeller reduce price, buyer pay difference, or cancel

Home Sale Contingency

ElementDetails
PurposeBuyer must sell current home first
TimelineSpecified period to sell
Kick-out clauseSeller may accept backup offers

Termination of Contracts

Contracts may be terminated by:

MethodDescription
PerformanceBoth parties fulfill obligations
Mutual agreementBoth parties agree to cancel
Contingency not metCondition specified in contract fails
BreachOne party fails to perform
ImpossibilityPerformance becomes impossible

Time is of the Essence

Many DC real estate contracts include a "time is of the essence" clause:

  • Deadlines are strict and legally binding
  • Missing a deadline may constitute breach
  • Extensions require written agreement

Exam Tip: Understand the difference between an executory contract (not yet fully performed) and an executed contract (fully performed).

Contract Default and Remedies

Buyer Default

If the buyer defaults, seller may:

RemedyDescription
Keep earnest moneyAs liquidated damages (if provided in contract)
Sue for damagesActual damages caused by breach
Sue for specific performanceForce buyer to complete purchase

Seller Default

If the seller defaults, buyer may:

RemedyDescription
Return of earnest moneyFull refund of deposit
Sue for damagesActual damages caused by breach
Sue for specific performanceForce seller to convey property
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DC Real Estate Contract Process
Test Your Knowledge

Under DC law, within how many days must earnest money be deposited into escrow (absent contrary written instructions)?

A
B
C
D
Test Your Knowledge

Under DC's Statute of Frauds, which statement is TRUE about real estate contracts?

A
B
C
D