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The statute of frauds requires that:

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Question & Answer

Review the question and all answer choices

A

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.

B

Real estate contracts must be in writing to be enforceable

Correct Answer
C

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.

D

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.

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