Exception to Statute of Frauds Validates Oral Contract for Sale of Property

Using the equitable partial performance exception to the statue of frauds, the Dallas Court of Appeals has upheld an oral contract for transfer of real property. In Beard v. Anderson, Cause No. 05-14-00396-CV (Tex. App.— Dallas June 19, 2015), the Court heard a dispute between family members regarding 2.89 acres of real property in Kaufman County, Texas. Plaintiff, Defendants’ aunt, sued Defendants seeking specific performance or, in the alternative, damages associated with transfer of the property. According to Plaintiff, the parties came to an agreement in 2010 to transfer the property from Defendants to Plaintiff, but never signed any documents memorializing the transaction. Plaintiff began living in her RV on the property, spent money to improve the property, and continued to attempt to negotiate a written agreement for transfer of the property. After communications between Plaintiff and Defendants ceased, Defendants served Plaintiff with a notice to vacate the premises. Plaintiff subsequently filed suit. The statute of frauds requires a contract for sale of real estate to be in writing and signed by