Statute of Frauds in Texas: or When is Writing Required

The Statute of Frauds in Texas: or When is Writing Required

Welcome back to our legal blog! Today, we’re delving into a crucial aspect of Texas contract law: the Statute of Frauds, or in which transactions is writing required in Texas.

Defined in Chapter 26 of the Texas Business and Commerce Code, the Statute of Frauds stands as a cornerstone of contractual validity in our state. Essentially, it mandates that certain types of agreements must be in writing to be enforceable. Here at Nunis & Associates, we’re committed to helping you navigate this statute to safeguard your interests effectively.

So, what types of contracts fall under the purview of the Statute of Frauds, where writing is required in Texas? Let’s break it down:

1. Real Estate Transactions: Any agreement involving the sale of real estate must be in writing to be legally binding. This requirement helps prevent disputes over property ownership and ensures clarity in real estate transactions.
2. Contracts Exceeding One Year: If a contract cannot be performed within one year from the date it was made, it must be in writing to be enforceable. This provision prevents misunderstandings regarding the duration of contractual obligations.
3. Promise to Pay Another’s Debt: Agreements to pay the debt of another person must be in writing to be valid. This protects parties from unwarranted financial obligations and ensures accountability in debt-related transactions.
4. Marriage Consideration Agreements: Contracts made in consideration of marriage, such as prenuptial agreements, fall under the Statute of Frauds. This requirement promotes transparency and fairness in matrimonial agreements.
5. Sale of Goods Exceeding $500: Contracts for the sale of goods exceeding $500 must be in writing to be enforceable. This provision helps prevent disputes over the terms of high-value transactions and promotes certainty in commercial dealings.

This does not encompass all types of agreements subject to the statute of frauds, only some of the most common. As your trusted legal advisors, we recognize the challenges posed by the Statute of Frauds. Our team is here to guide you through the intricacies of Texas contract law, ensuring that your agreements meet the statute’s requirements and are legally sound.

Stay tuned to our blog for more insights and updates on Texas law. If you have any questions or need legal assistance, don’t hesitate to reach out to us at Nunis & Associates. Your peace of mind is our priority.