What key characteristic distinguishes an express contract from other types of agreements?

An express contract is characterized primarily by the clarity and specificity of the terms set forth within the agreement. One key aspect is that it often needs to be written to enforce its provisions effectively, especially in the context of real estate transactions where legal requirements often dictate that certain contracts must be in writing to be valid under the Statute of Frauds.

The writing serves to provide clear evidence of the parties’ intentions and the obligations they have agreed to, which is critical in real estate dealings where significant financial implications are involved. While express contracts can also be made verbally, the written form is the most recognizable and often the preferred method because it reduces ambiguity and misunderstandings. In real estate, having a written express contract helps ensure that the specifics of the agreement—such as price, terms of payment, and property details—are clearly documented.

Other characteristics, such as needing to be signed or involving multiple parties, are more about the format or number of participants in an agreement rather than defining what makes a contract express. Therefore, the requirement for a written form when necessary, particularly in real estate, clearly distinguishes an express contract from other types of agreements.