How To Prove A California Statute of Frauds Defense

 

How To Prove A California Statute of Frauds Defense

 

In California, a defense of Statute of Frauds is defined as:

Statute of frauds is a statute requiring certain contracts to be in writing and signed by the parties bound by the contract. The purpose is to prevent fraud and other injury.

It simply means:

Some contracts must be written out and signed to avoid any fraud.

There are 2 elements of the defense:

  • Element 1. There was (a) an agreement that may not be completed within a year; (b) a promise to pay the debt of another; (c) an agreement for the lease of a property for a period exceeding one year or for the sale of real property; (d) an agreement establishing that an agent or broker has the authority to purchase, sell, or lease real estate for a period exceeding one year; (e) an agreement that will not be performed during the lifetime of the promisor; (f) an agreement by a purchaser of real property to establish indebtedness by paying a mortgage; or (g) an agreement to loan money worth more than $100,000 made by a person whose business is to lend. The Statute of Frauds requires certain agreements, like those involving long-term leases, promises to pay someone else’s debt, or loans over $100,000, to be in writing to be enforceable, ensuring clarity and preventing disputes in significant financial matters.

    Facts that might support this element look like:

    * The parties entered into a written agreement for the sale of real property, which included terms that extended beyond one year.
    * The defendant promised to pay the debt of a third party, which was documented in a signed contract.
    * A lease agreement was executed for a commercial property, with a term specified to last for three years.
    * The agent was granted written authority to negotiate the sale of real estate on behalf of the principal for a duration exceeding one year.
    * The agreement to purchase the property included a clause that required the buyer to assume the existing mortgage, establishing a long-term financial obligation.

  • Element 2. The agreement, contract, promise, etc. was not in writing subscribed by the party to be charged or by the party’s agent. The Statute of Frauds requires certain agreements, like contracts, to be in writing and signed by the person responsible or their representative; if this isn’t done, the agreement may not be legally enforceable.

    Facts that might support this element look like:

    * The alleged agreement was made verbally during a phone conversation without any written documentation.
    * No emails, texts, or other written communications exist that confirm the terms of the agreement.
    * The party to be charged did not sign any written contract or document related to the agreement.
    * The only evidence of the agreement is a series of informal discussions, none of which were documented in writing.
    * The party’s agent did not have written authority to bind the party to the alleged agreement.

(See California Civil Code section 1624.)
If you’re representing yourself in court and plan to assert a Defense of Statute of Frauds, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Don’t navigate this complex process alone—equip yourself with the tools and knowledge to effectively assert your rights.

Prove Your CA Statute of Frauds Defense

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