Statute of frauds: RE contracts must be in writing
Before you read
Test yourself first: 5 questions
Question 1 of 5
Under the statute of frauds, a contract for the sale of real estate is generally enforceable only if it is:
Answer: B. The statute of frauds requires real-estate sale contracts to be in writing and signed to be enforceable.
Question 2 of 5
After signing a purchase contract, the buyer dies before closing. Generally, the contract is:
Answer: B. Purchase contracts generally BIND THE ESTATE — death doesn't discharge them (unlike agency, which is personal and dies with the party). The estate can be compelled to perform or negotiate a release.
Question 3 of 5
A contract entered into by a minor (someone under the age of majority) is best described as:
Answer: B. Contracts with minors are voidable at the minor's option; the minor may disaffirm the contract, but the competent adult party generally cannot.
Question 4 of 5
The statute of frauds requires that contracts for the sale of real estate be:
Answer: B. Under the statute of frauds, contracts for the sale of real estate must be in writing and signed by the party to be charged in order to be enforceable in court.
Question 5 of 5
Which of the following contracts is most likely to fall under the statute of frauds and therefore require a writing to be enforceable?
Answer: B. Leases that cannot be performed within one year and contracts for an interest in real property typically fall under the statute of frauds and must be in writing.
Keep the streak going with more questions like these, each with a full rationale.
Must-know rules
- Valid: offer/acceptance, consideration, capacity, legal, written
- Executory = not done yet · Executed = fully performed
- Counteroffer kills the original offer
- Specific performance = force the sale (land is unique)
- Liquidated damages = keep the agreed deposit
- Novation replaces a party & releases the original
- Statute of frauds: RE contracts must be in writing
Contracts — Validity & Remedies: FAQs
Is Contracts — Validity & Remedies on the real estate exam?
Yes. Contracts & Transfer of Title is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
Is this cheat sheet free?
Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.
