In what situation can an oral agreement be enforceable despite the Statute of Frauds?

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Prepare for the Real Estate Transactions Exam. Study with comprehensive questions, detailed hints, and explanations to enhance your knowledge and pass the exam with ease. Get exam-ready today!

An oral agreement can be enforceable despite the Statute of Frauds when there is a written confirmation between the parties. The Statute of Frauds requires certain types of contracts, including those related to real estate transactions, to be in writing to be enforceable. However, if one party confirms the oral agreement in a written form, this can create sufficient evidence of the terms of the agreement, thereby allowing it to be enforceable in a court of law.

The importance of written confirmation lies in its ability to provide clarity and proof of the agreement's existence and terms, which is essential in legal disputes. This confirmation serves to demonstrate that the parties acknowledged the oral contract and agreed upon its terms in writing after the fact. In situations where there may be differing recollections or disputes about what was agreed to verbally, having that written confirmation can effectively uphold the agreement.

Other options, while they might seem plausible, do not provide a strong legal basis for enforcement against the Statute of Frauds. For instance, merely having both parties verbally agree does not create enforceability if the agreement type falls under the Statute. Additionally, recording a deed with the county does not apply to oral agreements because the deed itself must be written to be valid for property transfer.

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