Legal Question in Real Estate Law in Utah

Re: escrow

A fundamental rule of real estate transaction law is that transactions involving the sale of real property must be in writing to be enforceable. That rule derives from what is called the "Statute of Frauds" and has been in Anglo-American jurisprudence for nearly 500 years. So, the short answer that in likelihood will apply to your situation is that you cannot be forced to sell or suffer other negative consequences, particularly where you say that you did not agree to the buyer's terms. A caveat, however - and this is where attorneys may come in - is that there are some limited situations where that rule can be overcome by other actions of the parties, such as by the parties taking concrete steps relying on each other's actions to consumate a transaction ("detrimental reliance").

So, the short answer is that you will not suffer negative legal consequences for refusing to sell to sell without having a written agreement that qualifies as an enforceable contract. However, the longer answer is that whether you will have negative consequences for a refusal to sell without having that enforceable written contract may turn on what other actions you and the buyer have taken in getting to the point you're at now - your attorney will want to know more about your factual situation. There may be some other factors or legal theories that apply. Your question sounds like a simple answer could be had but it could be suprisingly complex. I suggest you contact a real estate attorney in your area to review in greater detail the particular facts of your situation to get a more definitive answer to your situation.

Good luck.