What is required for a breach of representations in a Property Disclosure Statement to be considered a breach of contract?

For a breach of representations in a Property Disclosure Statement to be recognized as a breach of contract, it is essential that a written term, which includes the specific representations made within the statement, be established. This is because property transactions generally rely heavily on documented agreements to ensure clarity and enforceability.

When a seller provides a Property Disclosure Statement, they are making certain representations regarding the condition and characteristics of the property. For these representations to hold legal weight as part of the contract, they must be encapsulated within the broader written agreement of sale. This written documentation serves as proof of what was agreed upon and provides a legal reference if disputes arise.

Furthermore, the existence of a written term is a foundational aspect of contract law, as it helps meet the requirements of the Statute of Frauds, which necessitates certain agreements to be in writing to be enforceable. In summary, the necessity for a written statement within the contract ensures that all parties have a definitive understanding of their roles and responsibilities, thereby facilitating legal recourse in case of a breach.