The statute of frauds requires that:
Audio Lesson
Duration: 3:06
Question & Answer
Review the question and all answer choices
All contracts must be notarized
A is incorrect because the statute of frauds requires real estate contracts to be in writing, but not necessarily notarized. Notarization serves to verify identities but isn't a requirement of the statute of frauds itself.
Real estate contracts must be in writing to be enforceable
Only the buyer must sign the contract
C is incorrect because the statute of frauds requires both parties (buyer and seller) to sign the contract, not just the buyer. Both signatures demonstrate mutual agreement and acceptance of the terms.
Contracts must be filed with the court
D is incorrect because the statute of frauds only requires the contract to be in writing and signed; it doesn't mandate filing with any court. The written contract itself satisfies the requirement.
Why is this correct?
Answer B is correct because the statute of frauds specifically requires contracts for the sale of real property to be in writing to be enforceable. This fundamental legal principle ensures real estate agreements have proper documentation to prevent fraudulent claims and provide clear evidence of the parties' intentions.
Deep Analysis
AI-powered in-depth explanation of this concept
The statute of frauds is a fundamental legal principle that significantly impacts real estate transactions. In practice, this requirement protects all parties involved in real estate deals by ensuring agreements are documented and unambiguous. Without this rule, verbal agreements could lead to disputes over property boundaries, price terms, or contingencies, potentially resulting in costly litigation. The question tests your understanding that while not all contracts must be written, real estate contracts specifically must be to be enforceable. This distinguishes real estate transactions from other types of agreements. The correct answer (B) directly addresses this requirement. Option A is incorrect because notarization, while sometimes required for additional documentation, isn't mandated by the statute of frauds. Option C is wrong because both buyer and seller signatures are typically required. Option D is incorrect because filing with the court isn't necessary - the written contract simply needs to exist. This question connects to broader real estate knowledge about contract formation, enforceability, and the importance of documentation in property transactions.
Knowledge Background
Essential context and foundational knowledge
The statute of frauds originated in English common law and has been adopted in some form by all US states. Its purpose is to prevent fraudulent claims by requiring certain types of agreements to be documented in writing. For real estate, this requirement exists because property transactions involve significant value, and verbal agreements about such important matters are prone to disputes and false claims. The written contract must include essential terms like parties, property description, price, and signatures to be enforceable under this principle. This rule applies to real estate sales, leases longer than one year, and certain other types of contracts.
WRITE - Written, Real estate, Important terms, Transfer of property, Executed (signed)
Remember that for real estate contracts to satisfy the statute of frauds, they must be WRITTEN and include all the elements of WRITE
When you see 'statute of frauds' on the exam, immediately associate it with the requirement that real estate contracts must be in writing to be enforceable. This is the most frequently tested aspect of this principle.
Real World Application
How this concept applies in actual real estate practice
Imagine you're showing a property to a buyer who verbally agrees to purchase at $350,000 with a 30-day closing. The buyer backs out the next day, claiming no agreement was reached. Without a written contract signed by both parties, you have no legal recourse to enforce the sale. The statute of frauds protects you by requiring such agreements to be in writing. In practice, this is why real estate agents always use standardized written contracts and ensure both parties sign before considering a deal binding.
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