What does the Statute of Frauds require for enforceability of certain contracts in Texas?

The Statute of Frauds in Texas and many other jurisdictions requires that certain types of contracts be in writing to be enforceable. This requirement helps prevent misunderstandings and fraudulent claims regarding the terms and existence of such agreements. Specifically, contracts that fall under the Statute of Frauds include those for the sale of real estate, agreements that cannot be performed within one year, promises to pay another person’s debt, and contracts for the sale of goods over a specified amount.

When a contract is required to be in writing, it must sufficiently describe the nature of the agreement and the parties involved, allowing a clear understanding of the obligations. This written requirement is essential because it ensures there is tangible evidence of the agreement, which is critical in legal disputes.

Options that suggest the contract can be agreed upon verbally or must involve a witness or notarization do not align with the written requirement established by the Statute of Frauds. While witnesses or notarization may lend support to a contract's validity in some contexts, they are not necessary for enforceability under the Statute of Frauds itself. The key point is that certain contracts must be in writing to be legally binding, confirming the correct answer as that they must be in writing.