[WSBARP] Litigation and Statute of Frauds

[Paul Neumiller]

So I have a trial coming up where the occupant says occupant is buying the house and I represent the LL who says the occupant is renting the house and therefore subject to unlawful detainer.  The occupant has little to show that occupant is buying the house and therefore the statute of frauds kicks in.  But how?  Is it a "weight of the evidence type of thing" where the occupant can still present oral testimony and a couple of documents which don't meet the requirements of the statute of limitations?  Or, can I object (on what grounds?) to the evidence from being presented at trial in the first place because it fails to rise to the level of documentation required by the statute of frauds?  In other words, I have this thing called the statute of frauds.  On a practical basis, how do I use it at trial?

BTW, I have read many sources regarding the statute and none have addressed how it is used at trial.


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