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Land Use; Legal Descriptions; Contract Law

Statute of Frauds

The statute of frauds is the rule that certain contracts must be in writing to be enforceable. It requires a contract conveying an interest in land to be written, to contain a legal description of the property, and to be signed by the party to be charged. The statute does not make an oral contract void, it makes it unenforceable.

The statute of frauds is a core part of the Contracts and Legal Descriptions sections of the national exam. It is tested through questions that ask whether a given agreement must be in writing, must contain a legal description, and must be signed.

All Land Use, Legal Descriptions and Contract Law practice questions

The rule behind the name

The statute of frauds is a writing requirement, not a fraud investigation. It says that certain contracts are enforceable only if they are in writing and signed by the party to be charged, meaning the person the other side is trying to hold to the deal. The point is to prevent people from being dragged into agreements that were never clearly made, and to make the key terms provable in court.

What real estate must satisfy

For a contract that conveys an interest in real property, three things are needed beyond the ordinary elements of a valid contract. The agreement must be in writing. It must contain a legal description of the property, specific enough to identify the parcel. And it must be signed by one or more of the parties, generally the party to be charged. A sales contract that skips any of these fails the statute of frauds and cannot be enforced, even if both people clearly meant to sell the house.

The one year lease exception

Not every real estate agreement needs paper. A lease of one year or shorter may be oral, because the statute targets agreements that cannot be performed within a year. A six month apartment lease, then, can be an enforceable oral contract. Extend the same lease past a year and the writing requirement snaps back on.

Void or just unenforceable?

This distinction trips up many test takers. A contract that violates the statute of frauds is not void and it is not illegal. It is unenforceable, which means the parties may still perform it voluntarily and a court simply will not order them to. That is why the statute of frauds is sometimes grouped with the unenforceable category rather than the void category.

An example

A buyer and seller agree orally on a price for a house, shake hands, and the buyer pays a deposit. No written contract is ever prepared. Later the seller changes their mind. Because the agreement was never reduced to writing and signed, the buyer cannot sue to force the sale: the contract is unenforceable under the statute of frauds. Partial performance can sometimes rescue an oral land contract in courts that recognize it, but the general exam rule is that the writing is required.

How this appears on the exam

Watch the wording of the question. If it asks whether an oral contract for land is void, the correct answer is usually that it is unenforceable, not void. If it asks the purpose of the statute, the answer is that certain conveyance related contracts must be in writing, and if it asks what a real estate sales contract must contain to be enforceable, choose the legal description plus a signature. Keep the one year lease exception in mind and you will separate the exceptions from the rule.

Memory trick

MYLEGS

The statute of frauds lists the categories of contracts that must be in writing. Real estate students learn them as M-Y-L-E-G-S.

  • M

    Marriage: a promise made in consideration of marriage must be written to be enforced

  • Y

    Year: a contract that cannot possibly be performed within one year has to be in writing

  • L

    Land: any contract conveying an interest in real estate must be written, signed, and contain a legal description

  • E

    Executor: a promise by an executor to pay an estate's debts from personal funds must be written

  • G

    Goods: a sale of goods above a set dollar amount must be written under the Uniform Commercial Code

  • S

    Surety: a promise to answer for another person's debt must be written to be enforceable

Screenshot this: MYLEGS is how you'll remember statute of frauds on exam day.

How the exam tricks you on this

The classic trap is the idea that the statute of frauds makes an oral contract void or illegal. It does not. An oral contract for land is valid in substance but unenforceable in court, which is why the best answer is usually unenforceable, not void.

Two more patterns to watch:

  • The excepted lease. A lease of one year or less may be oral. Read the term carefully: a question that describes a six month apartment lease can have a correct answer of an enforceable oral agreement, while the same lease past twelve months needs writing.
  • The statute does not stop fraud. Its name is misleading. The statute of frauds does not investigate or eliminate fraud, it simply requires certain contracts to be written and signed. A question asking its purpose wants the writing requirement, not fraud prevention.

Try real exam questions on statute of frauds

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Question 1 of 3

A real estate sales contract, to be enforceable, must

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Written by ApexAgent Team

Reviewed against 2026 exam outlines · Updated October 4, 2026