Fisher Law Corporation’s Frequently Asked Questions

The following are select subjects which are representative of the type of law we practice. Peruse the articles: If you don't find a subject that interests you, call us or e-mail us with your request.

Notice: The information contained in these articles is designed to provide accurate information in regard to the subject matters covered and is made available with the understanding that the information provided does not constitute the rendering of legal or professional services. All information is of a general nature, is specific to California law only, and is not intended to to replace professional or legal advice. Each person’s situation is unique and the information contained herein cannot be applied to any individual’s situation. If legal advise is required, the services of a professional should be sought.


What is an all-inclusive deed of trust? »

What is CERCLA? »

How does a condominium differ from a house? »

What are Covenants that run with the land? »

What is a deed in lieu of foreclosure? »

What are easements? »

What are Encroachments? »

How does escrow work? »

What is fire and flood insurance? »

How do foreclosures work? »

What are the different forms of doing business? »

What do trade terms mean? »

What are liquidated damages in real property contracts? »

What is a Lis Pendens? »

How do loan modifications work? »

What is a Mechanic’s Lien? »

How does a Multiple Listing Service work? »

What is an off-shore trust? »

How do real property taxes work? »

What is Procuring Cause? »

What is a Quitclaim Deed? »

What is RESPA? »

Who bears the risk of loss during escrow? »

What are second deeds of trust? »

What is the Statute of Frauds? »

What is Statute of Limitations on Debts Secured By a Mortgage? »

Does a buyer’s broker have a duty to inspect? »

What is The Parol Evidence Rule? »

What is Adverse Possession? »

 


Q. What is the Statute of Frauds?

A. The California Statute of Frauds requires certain contracts to be in writing. Those which are of particular importance to real estate transactions are:

1. An Agreement that by its terms is not to be performed within one year from the date of its making;

2. A special promise to answer for the debt, default or miscarriage of another;

3. An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein;

4. The authority of an agent of the party to be charged to enter into an agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein;

5. An agreement authorizing or employing an agent, broker, or any other person, to purchase or sell real estate, or to lease real estate for a period longer than one year, or to procure, introduce, or find a purchaser or seller of real estate or a lessee or lessor of real estate where such lease is for a period longer than one year, for compensation or a commission;

6. An agreement by a purchaser of real property to pay an indebtedness secured by a mortgage or deed of trust upon the property purchased, unless the assumption of the indebtedness by the purchaser is specifically provided for in the conveyance of the property;

7. An agreement which by its terms is not to be performed during the lifetime of the promisor.

It is the policy of the California courts to construe the Statute of Frauds restrictively. Unless the statute clearly requires an agreement or authority to be in writing the Statute is not to be applied.

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