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Under the Kansas Statute of Frauds, which of the following requirements applies to a purchase agreement for the sale of real property in Kansas?

Correct Answer

D) The agreement must be in writing and signed by the party to be charged to be enforceable

The Kansas Statute of Frauds (K.S.A. 33-106) requires that contracts for the sale of real property must be in writing and signed by the party against whom enforcement is sought (the party to be charged). This writing requirement is essential for the enforceability of real estate purchase agreements in Kansas. An oral agreement for the sale of real property is generally unenforceable under Kansas law.

Answer Options
A
The agreement must be recorded in the county register of deeds within 10 days of execution
B
The agreement must be witnessed by two disinterested parties to be enforceable
C
The agreement must be notarized by a Kansas notary public to be legally binding
D
The agreement must be in writing and signed by the party to be charged to be enforceable

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Related Topics & Key Terms

Key Terms:

statute_of_fraudswriting_requirementpurchase_agreementenforceability

Related Concepts

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

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