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| Statute of Frauds Real Estate |
Statute of Frauds Real Estate
Statute of Frauds Real Estate meaning can be derived as the law relating to the statute of fraud is a law in each State. Further, the statute of fraud real estate is found under the Statute of Fraud 1677. In order to be enforceable, the laws relating to the statute of fraud must be in writing and duly signed by the person against whom enforcement of the contract will be sought. Generally, this is applicable when there are contract frauds.
What is the Statute of Frauds Real Estate?
What is the statute of frauds definition real estate? So, statutes of frauds definition can be defined as, it is legal terminology that means to execute certain types of contracts, the contracts must be formed in writing. The purpose of this statute of fraud real estate is to prevent fraud and other injuries.
In the statute of frauds real estate, the laws relating to the transfers of an interest in real estate have come under the statute of frauds reals estate. Whereas, the transfer of an interest in real estate is not restricted to the transfer of ownership of the property to the other person.
Statute of Frauds Real Estate Example
Consider, that A and B are friends, and A is moving to the city for a new job. Then after B is selling his house situated in that city where A has got a new job. After that A is willing to purchase the said house of B and asked to sell the house for $150,000. Both A and B agreed on the same and they shake their hands to seal the deal.
After some days, B got an offer from C for the same house for $200,000 and B has changed his mind and is willing to enforce the contract with C. A heard about the deal between A & C and ready to file suit for specific performance against B.
But, the suit filed by A could not survive as the statute of fraud, because there is no written purchase agreement between A and B, therefore, the court held that the filed suit for specific performance is not maintainable.
Statute of Fraud Requirements
A statute of fraud typically means that contracts in these categories are unenforceable unless they meet these two requirements:
There must be a written memorandum of the contract. A memorandum of the oral contract can be any writing that proves the agreement.
The written memorandum must be signed by the party that disputes the contract.
In order to satisfy a statute of fraud, a person must have written evidence that proves that an oral contract was made. The written memorandum can be just about anything. It can be an order form, an invoice, a receipt, or even a cocktail napkin with written notes. The written memorandum must prove any material terms of the oral contract. Material terms will include items like the parties involved and the agreed-upon price.
Note that it's not necessary for both people to sign the memorandum. Only the person that disputes the contract needs to have signed the memorandum. If any party in the agreement doesn't sign the written memorandum, the oral contract can't be enforced against him or her.
For example, let's say that you and I make an oral contract. You're going to paint my house next week, and I'm going to pay you $1,000. You then book another painting job and refuse to paint my house. If I want to enforce our oral contract against you, I need to have a written memorandum, signed by you, that proves our contract.
Exception to Statute of Frauds
The general rule of the statute of fraud is that the contracts must be formed in the written document, but, there are certain exceptions to the statute of fraud and these are;
- Partial Performance Accepted
- Promissory Estoppel
Partial Performance Accepted
If a buyer has taken partial possession of the real or personal property and paid that part of the contract price attributable to the property received, and if the parties cannot be returned to their pre-contractual positions, a court may order that the remainder of the contract be specifically performed i.e. performed according to the precise terms of the contract.
Promissory Estoppel
If a promisor makes a promise on which the promisee justifiably relies to the promisee's detriment, the promisor may be estopped from denying the existence and validity of the contract.
Conclusion
Statute of Frauds Real Estate meaning can be derived as the law relating to the statute of fraud is a law in each State. In order to be enforceable, the laws relating to the statute of fraud must be in writing and duly signed by the person against whom enforcement of the contract will be sought.