Oklahoma statute of frauds real property

Oklahoma Statute of Frauds White Paper 2021-10-25T11:48:46+00:00

Oklahoma Statute of Frauds White Paper

7 Things I Learned About The Statute of Frauds

1. “…be in writing…” does NOT mean that you need one piece of paper that contains all the necessary elements. Rather, it is interpreted to mean that a complete contract may be made through several different writings that are so related to the subject-matter and are so connected with each other that it may be fairly said that they constitute one paper relating to the contract.
2. “…subscribed…” typically means signed. But, this requirement will be met if the party types their name at the end of an e-mail or text message.
3. “…party to be charged…” is the party under the obligation. Often, the party to be charged is the one arguing that the writing did NOT meet the statute of frauds, and thus no contract existed.
4. The writing (if it involves real property) must set forth the 1) parties, 2) subject matter (terms of the sale), 3) price, and 4) description of the property.
5. Just suppose that the legal description is lacking. One may still satisfy the statute if the party to be charged 1) owns but one parcel of property answering the description in the writing, and 2) the description is definite enough that the purchaser knows exactly what he is buying and the seller knows what he is selling.
6. If the writings are made up of e-mail messages and/or texts, then plan to authenticate the writings using the rules of evidence.
7. BIG exception to the rule that agreements for the sale of real property must be in writing.

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