Statute of frauds - rules and exceptions Flashcards
What does the statute of frauds state?
The conveyance of ownership in real estate must be in writing to be enforceable.
Does an oral agreement comply with the statute of frauds?
No
If a written and oral agreement were made, which one takes precedence?
A written agreement
Can an oral agreement be made?
Yes, but it is not enforceable.
What is the one exception under the statute of frauds?
Lease agreements for less than one year are valid and enforceable.
Does a lease agreement for less than a year need to be in writing?
No, oral agreement for a lease term less than one year is valid and enforceable. (However, it should be in writing to avoid confusion or misunderstanding).
Although an oral agreement for the conveyance of ownership is VALID, it is not ___________.
enforceable.