What does the Statute of Frauds require?

The Statute of Frauds is a legal concept that establishes certain types of contracts must be in writing and signed in order to be enforceable. This requirement is designed to prevent fraudulent claims and misunderstandings regarding the terms of agreements. In many jurisdictions, including South Carolina, the Statute of Frauds specifically applies to contracts related to real estate transactions, such as the sale or lease of property for a period longer than one year, as well as contracts that cannot be performed within one year.

By necessitating that these particular contracts be documented in writing, the Statute of Frauds helps to ensure that both parties have a clear understanding of their rights and obligations, and it provides a reliable record of the agreement. This not only supports legal clarity but also reduces the potential for disputes that can arise from verbal contracts or agreements lacking proper documentation.