What Contracts Must Be In Writing Under The Statute Of Frauds
The statute of frauds requires some contracts to be in writing in order to be enforceable. The goal is really to avoid frauds. Although in Texas, many contracts do not have to be in writing, the following types of contracts must be in writing to be enforceable:
- A promise by an executor or administrator of an estate to pay a debt or damages due from the deceased person, out of their own funds
- An agreement to answer for the debt of another person
- An agreement in consideration of marriage or non-marital cohabitation
- A contract for the sale of real estate
- A lease of real estate for a term of more than one year
- An agreement which is not to be performed within one year from the date of the agreement
- An agreement to pay a commission for the sale or purchase of an oil or gas mining lease, an oil or gas royalty, minerals or a mineral interest, or the sale of real estate
- An agreement or warranty of cure relating to medical care, made by a physician or health care provider
- A contract for the sale of goods over $500
- A contract for construction or renovation on a homestead property is also required to be in writing, and signed by both spouses, in order to allow the contractor to file a mechanic’s lien.
- A contract for payment of interest at a rate of more than 6% per year.
Statute Of Frauds Examples In TX
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Business Attorney FAQs
Does The Statute Of Frauds Apply To Employment Contracts?
The statute of frauds prevents certain oral agreements from being enforced. The law generally refers to contracts that last more than a year in the job sense. Contact our office immediately to determine if your employment contract violates the Statute of Frauds.
Why Is The Statute Of Frauds Important?
The Statute of Frauds is a law that requires such contracts to be written down and signed by the parties involved. The aim is to prevent fraud and other forms of damage.
What Does The Statute Of Frauds Apply To?
The statute of frauds is a common law principle that stipulates that certain agreements must be written down in order to be legally binding. The law covers land sales and certain other transactions denoted by their dollar amount. There are a few important exceptions, contact our office to determine if you are in violation of the Statute of Frauds.
What Makes A Contract Unenforceable?
Legally, there are an endless amount of violations that could make a contract unenforceable. The best thing to do is have a licensed attorney in your jurisdiction review your contract to determine its validity.
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