What is the correct answer to: In New York, a contract of sale for real property must be:

The correct answer is In writing to be enforceable. Answer B is correct because New York General Obligations Law §5-703 expressly requires that any contract for the sale or purchase of real property must be in writing and subscribed by the party to be charged, or by their lawful agent, to be enforceable. An oral agreement to sell real estate, no matter how detailed or sincerely intended, is unenforceable in a New York court. This writing requirement protects all parties by creating a clear, documented record of the agreed-upon terms.

What background knowledge is needed for this Contracts question?

The Statute of Frauds originated in England with the 'Act for Prevention of Frauds and Perjuries' passed by Parliament in 1677, which required certain contracts — including those for the sale of land — to be evidenced in writing. The statute was adopted into American law by virtually every state, including New York, which codified it in the General Obligations Law. The writing requirement evolved over centuries as courts grappled with the challenge of proving oral agreements about land, which was the primary form of wealth in agrarian societies. Today, New York's version also recognizes electronic signatures under the Electronic Signatures and Records Act (ESRA), reflecting modern transaction practices.

What is a good way to remember the answer to this Contracts question?

Remember the phrase 'Frauds Need Writing' — the Statute of Frauds requires writing to prevent fraud. Visualize a handshake turning into smoke (unenforceable) while a signed paper document stands solid as a brick wall (enforceable). The acronym FNW (Frauds Need Writing) can help you recall the core rule instantly. Remember this rhyme to recall that real estate contracts must be in writing to be valid. The 'hand' represents the written documentation.

What exam tip applies to this Contracts question?

When a question asks about enforceability of real estate contracts, the Statute of Frauds answer is almost always 'must be in writing.' Be careful not to add extra requirements like notarization or recording that apply to deeds but not contracts. The exam frequently tests whether candidates know the difference between what makes a contract enforceable versus what makes a deed recordable.

How does this Contracts concept apply in real world practice?

A homeowner verbally agrees at a neighborhood barbecue to sell their house to a neighbor for $350,000, shaking hands on the deal. The neighbor begins making plans, hires a moving company, and gives notice at their apartment. Two weeks later, the homeowner receives a higher offer and backs out. Despite the clear oral agreement and the neighbor's reliance on it, the neighbor cannot enforce the deal in a New York court because no written contract was signed, leaving the neighbor with no legal remedy against the seller under the Statute of Frauds.

ContractsGeneralEASY

In New York, a contract of sale for real property must be:

Correct Answer

B) In writing to be enforceable

The Statute of Frauds requires real estate contracts to be in writing.

Answer Options

Oral only

In writing to be enforceable

Notarized

Recorded

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Related Concepts

Counteroffer

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

Earnest Money Deposit

Earnest money is a deposit made by the buyer at the time of the offer or shortly after to demonstrate good faith and serious intent to purchase the property. It is also called a good faith deposit.

Equitable Title

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

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In New York, a contract of sale for real property must be:

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