Question

Statute of frauds is used as a defense to a lawsuit and not as an offense. For example, S owns a lot that B wishes to purchase. They enter into a verbal contract whereby B will deliver $6,000 at noon on Friday to S, and S will provide B with the deed to the property. If either party breaches the contract for the sale of the real estate lot and is sued by the other party, the defendant may raise statute of frauds as a defense, saying that there is nothing in writing or signed by the defendant.

Required:
What is the result?

Answer 1

Since both parties can breach the contract without fearing any penalty as a result of doing it, its execution will depend on the good will of both parties. It will also require a coordinated action where B hands out the money at the same time they are receiving the deed. If both things do not occur simultaneously, for example, S promises to deliver the deed the next day or B promises to pay the next day, they will not do it. For example, B pays the $5,000 and S decides to increase the price to $10,000. Or S gives the deed and B says that the agreed price was $1,000.