Question 1 of 14
A buyer and seller reach only an oral agreement for the sale of land. Explain how the Statute of Frauds affects enforceability and identify the writing/signature issue you would check.
Strong Interview Answer
A real-property sale agreement generally must be evidenced by a sufficient writing signed by the party against whom enforcement is sought. An oral agreement may show the parties discussed terms, but under the baseline Statute of Frauds rule it is generally unenforceable as a normal real-estate sales contract without the required signed writing, subject to any applicable legal exception.
What to Listen For
- real-property sale
- signed writing
- party against whom enforcement is sought
- enforceability rather than mere agreement
Caution
Require the candidate to explain enforceability; do not accept a bare statement that 'oral contracts are always void.'