Contracts

    Statute of Frauds

    The rule that contracts for the sale of real property must be in writing and signed to be enforceable.

    The Statute of Frauds requires that certain contracts, including contracts for the sale of an interest in real property, be in writing and signed by the party to be bound in order to be enforceable in court. An oral agreement to sell land is generally not enforceable.

    This is why real estate purchase contracts and listing agreements are put in writing. A handshake deal for the sale of land usually fails under the Statute of Frauds.

    On the exam

    When a question describes an oral agreement to buy or sell land, the Statute of Frauds makes it unenforceable.

    Exam trap

    The contract is unenforceable, not automatically void. A party can still choose to perform; the issue is whether a court will force performance.

    Tested in

    Contracts (12% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.