Question 1

What is the Statute of Frauds?

Accepted Answer

The Statute of Frauds requires certain types of contracts to be in writing and signed by the party to be bound. Purpose: prevents fraudulent claims based on oral agreements. In Florida (Section 725.01): the following must be in writing: contracts for the sale of real property, contracts that cannot be performed within one year, contracts for the sale of goods over $500 (UCC), guaranty agreements (promises to pay another’s debt), and contracts made in consideration of marriage (prenuptial agreements). The writing must: identify the parties, describe the subject matter, state the essential terms, and be signed by the party against whom enforcement is sought.

Question 2

What satisfies the writing requirement under Florida’s Statute of Frauds?

Accepted Answer

Satisfaction: the writing does not need to be a formal contract. It can be: a letter or email exchange, a memorandum or memo, a receipt or invoice, a series of documents read together (if they reference each other), and electronic records (the Florida Electronic Signature Act, Section 668.50: electronic signatures and records satisfy the Statute of Frauds). The writing must contain: the essential terms of the agreement. Partial performance: in real estate, the Statute of Frauds may be excused if: the buyer has taken possession of the property, made improvements, or paid part of the purchase price.

Question 3

What happens if a contract violates the Statute of Frauds in Florida?

Accepted Answer

Violation: the contract is unenforceable (not void: the contract exists but cannot be enforced in court). The party seeking enforcement cannot: sue for breach of contract, obtain specific performance, or recover expectation damages. Exceptions: part performance (in real estate: if the buyer has taken possession, made improvements, or paid consideration), estoppel (if one party reasonably relied on the oral agreement to their detriment), and admission (the party against whom the contract is being enforced admits the existence of the contract). The Statute of Frauds is an affirmative defense: the defendant must raise it.

Statute of Frauds

Statute of Frauds in Florida

Required in Writing

What Satisfies

Exceptions

Related Terms

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