Statute of Fraud Questions
What is the Statute of Frauds?The Statute of Frauds is the requirement needed for some contracts that must be noted by a signed writing with ample evidence of the contract. There are several situations in which a signed writing is required by the Statute of Frauds. The following are the situations that require the signed writing: Contracts of the executor of a will made to pay the debt of the estate with their own money; contracts where one individual will act as a guarantor of another individual’s obligation or debt; contracts in which there is a transfer of interest in land; contracts when considering marriage, including prenuptial agreements; contracts in which good are sold with a purchase price of $500; and contracts that the act contracted is not able to be performed in a year.
Under Florida law if the witness signatures on a lease for longer than a year are not together for signing the lease is the lease valid?According to Florida law for a lease contract of real property, an individual must have their signature witnessed by two independent witnesses. If the individual’s signature is not witnessed by two independent witnesses, then the court is able to void the contract on the basis of Statute of Frauds. However it is not necessary for all four parties to be present when signing the contract, just as long as the each signature is witnessed by two independent witnesses.
Why are not all contracts held to the Statute of Frauds?The reasoning that only certain types of contracts are held to the Statute of Frauds is because of how important it is to have a written contract for instance in real property transactions. When services are agreed upon, a verbal agreement is easier on both parties because it can altered and changed without have to redraft a written contract each time a change is made. If they were all held to the Statute of Frauds, all of the rewriting of contracts would be constant and become quite burdensome.
Can a contract be voided on Statute of Frauds alone?A contract cannot be voided by Statute of Frauds alone. The Statute of Frauds makes a contract voidable by one party that has entered into the contract if they do not wish to go through with the contracted arrangement. That being said a contract that is voidable is still in effect and valid unless one of the parties involved in the contract makes the choice to void the contract. Once a contract has been voided it can no longer be enforced.
Statute of Frauds pertains to certain types of contracts. A lease for a real estate property is one such contract; this type of contract must have the signatures of the lease and the landlord witnessed by two independent witnesses. However the signatures do not have to place at the same time. A contract may not be voided on the grounds of Statute of Frauds alone. The Statute of Frauds makes a contract voidable by either party that has entered into it. Any questions regarding Statute of Frauds can be asked of the Experts.