Statute of Frauds (RCW 64.04.010, 020 for transfers, and RCW 59.04.010, 59.18.210 for leases) requires certain agreements to be evidenced in writing. Of particular relevance for real estate law in Washington is the requirement that transfers of property, agreements for the sale of property, and leases (for longer than 1 year) must include three components to be valid:?
Legal description
Signatures of the parties, and
Acknowledgment of the document (notarized, in other words)?
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Washington state interpretation of this statute is particularly narrow. ?For instance, even when parties entered into a transaction where the property was not properly described but known by the parties, courts still required that full legal description of the property ?be included in the written document.?
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Though a written document is the standard, parties may still be entitled to enforce an agreement and obtain damages or specific performance IF certain parameters are met. ?This legal principal is called "part performance." ?For a court to grant relief under part performance, there are three components that are considered by the courts to determine whether the agreement should be enforceable:
Possession of the property by the purchaser
Purchaser has made substantial improvements to the property, AND
Payment of the purchase price?
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These aren't the exclusive characteristics of a transaction subject to part performance. ?Courts have been willing to consider additional factors regarding a transaction that would otherwise be invalid because of a violation of the Statute of Frauds. ?Essentially, courts will apply part performance principles to determine the circumstances around a transaction exhibit that there was actually an agreement. ?However, it should be noted that there must be clear and unequivocal evidence of the existence of an agreement in order to take it out of the statute of frauds, and clear and unequivocal evidence as to the specific terms that are at issue in order to obtain specific performance. ?In other words, even of a court agrees that there was some kind of agreement that existed between parties, the remedy may be limited if the specific terms aren't describable.?
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Source: http://www.warealestatelawblog.com/2013/02/articles/law-school-1/statute-of-frauds-an-overview/
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