The Real Estate Encyclopedia & Blog

Executory Contract

by | Feb 4, 2026

In real estate, an Executory Contract is an agreement in which one or both parties still have obligations to perform. Although the contract has been formed and is legally binding, it has not yet been fully completed.

Purchase agreements, leases prior to possession, and land sales contracts are common examples of executory contracts. The contract remains executory until all terms have been fulfilled, such as payment of the purchase price, transfer of title, or delivery of possession.