Final answer:
Real estate sales contracts and leases over one year must be in written form, as required by the Statute of Frauds. The written documentation ensures clarity and enforceability, with legal documents recommended to be clear and accessible per the Plain Writing Act of 2010.
Step-by-step explanation:
Real estate sales contracts and leases exceeding one year must be in written form. This requirement stems from the Statute of Frauds, a legal principle that requires certain agreements to be in writing to be enforceable in court. In real estate, both sales contracts and leases that last longer than a year fall into this category. A written document provides clear documentation of the agreement's terms, thereby protecting the interests of both parties more effectively than a spoken agreement would. For instance, the section of a New Jersey rental agreement relating to termination of the lease specifies that notice must be given in writing. Similarly the possession clause indicates that any cancellation of the agreement due to failure to take possession must also be communicated in writing.
This formal approach ensures clarity and legal enforceability. If contracts are not well articulated, they can cause unnecessary confusion and stress, particularly in cases where one party needs to break the lease. Overall having a written record is crucial, especially since legal language can often be dense and confusing, as highlighted by the complexity typically found in such documents. The language in a real estate agreement should be made as clear and accessible as possible to avoid further stress in what may already be a tense situation – a point underscored by the Plain Writing Act of 2010, which encourages clear communication in legal documents for the benefit of all parties involved.