Ace the 2026 Bar Exam: Master Mnemonics and Slay the Legal Dragon!

A contract for the sale of real estate must be in writing to be enforceable under the statute of frauds. The purpose is to provide a clear, physical record of the agreement, preventing disputes over what was agreed about the property. The crucial requirement is the existence of a writing that describes the land with reasonable certainty and is signed by the party to be charged. This combination—a written instrument plus descriptive identification of the property—gives the courts a definite referent for enforcement. Describing the land is important because it identifies the property, but without a formal writing, the contract cannot be enforced. While consideration is a standard contract element, it is not the specific factor the statute of frauds demands for land transactions.