Statute of Frauds - 1st topic after midterms Flashcards
Types of Contracts that Must be Memorialized in Writing:
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- Contracts for the sale of an interest in land
Types of Contracts that Must be Memorialized in Writing:
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- Contracts for the sale of goods for a price of $500 or more (per UCC §2-201)
Types of Contracts that Must be Memorialized in Writing:
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- Contracts for consideration of marriage
Types of Contracts that Must be Memorialized in Writing:
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- Contracts not to be performed within one year from the time they are made
Types of Contracts that Must be Memorialized in Writing:
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- Contracts for suretyship
Contracts for the sale of an interest in land:
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- Leases for more than one year
Contracts for the sale of an interest in land:
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- Easements for more than one year
Contracts for the sale of an interest in land:
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- Mortgages and most other security liens
Contracts for the sale of an interest in land:
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- Fixtures
Contracts for the sale of an interest in land:
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- Minerals (includes sub terrain water) (or the like) or structure if they are to be severed by the buyer
If it involves real property, have it written. Month-to-month lease does not have to be written. True or False.
True
ATTENTION! Pay attention to the contract’s end result/ purpose. Just because a contract involves land (or real property) does not mean it involves the “sale of an interest in land.”
Two examples:
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- Contract to construct an improvement on the land
- Contract to invest in real estate and to divide profits
_____________: Anything from structure itself, anything that increases the value of the land.
Improvement
Contract to invest in real estate and to divide profits:
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- Partnership agreement
- Fund agreement
- Other security agreement. Not a contract for a sale or interest in land
Don’t see something involving land and assume it is under the statute!!!
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