The statute of frauds requires that:
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All contracts must be notarized
Notarization is a separate legal requirement from the Statute of Frauds β while deeds typically must be notarized to be recorded in the public record, the Statute of Frauds does not require notarization of contracts; it only requires that they be in writing and signed by the party to be charged.
Real estate contracts must be in writing to be enforceable
Only the buyer must sign the contract
The Statute of Frauds requires that the contract be signed by 'the party to be charged' β meaning the party against whom enforcement is sought β and in practice, both parties typically sign to make the agreement mutually enforceable; requiring only the buyer's signature is legally inaccurate and would leave the buyer unable to enforce the contract against an unsigned seller.
Contracts must be filed with the court
Real estate contracts do not need to be filed with any court to be valid or enforceable β they are private agreements between parties, and court filing is neither required nor standard practice; deeds and certain liens are recorded with the county recorder's office, but contracts themselves remain private documents.
Why is this correct?
The Statute of Frauds, as adopted in every U.S. state (derived from England's original Act for Prevention of Frauds and Perjuries, 1677), specifically requires that contracts for the sale or transfer of interests in real property must be in writing and signed by the party to be charged (the party against whom enforcement is sought) to be legally enforceable. This means that even if both parties genuinely agreed orally to a real estate transaction, neither party can compel the other to perform unless the agreement is documented in writing. This writing requirement applies to purchase agreements, options to purchase, lease agreements exceeding one year, and any other contract conveying an interest in real property.
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