[WSBARP] Litigation and Statute of Frauds

Tue Apr 18 14:59:54 PDT 2023

I agree with Kelby. I represented a defendant in a UD case several years
back who claimed he had an agreement to buy the property, and we lost
because we didn't satisfy the statute of frauds. My client had an email or
two and his testimony that it was a "rent to own" situation (plaintiff was
his sister!). Is it too late for SJ? If discovery hasn't produced a signed
agreement that adequately identifies the property and the terms of sale,
you should win on SJ. At trial, I don't think there's much weighing of
evidence - there's either a written contract or there isn't. If there is a
written contract, the judge should then be the one to weigh the evidence as
a matter of law only in the event there is some question about whether a
written agreement adequately describes the property or the terms.

*Spencer A. W. Stromberg*
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On Fri, Apr 14, 2023 at 11:36 AM Kelby Derenick <kelby at derenicklaw.com>
wrote:

> I would think that whether a contract exists for the sale of the property
> would be a question of fact.  So, if you are representing the Plaintiff in
> the trial, when your client testifies and in anticipation of what the
> Defendant is going to argue, have the Plaintiff provide testimony
> that there was no contract for the
> sale of the property.  Then, after the Defendant is finished with
> presenting his/her defense and counterclaims and introduces whatever
> documents into evidence, you can recall your client to provide rebuttal
> testimony to address whatever the Defendant introduced.  After the
> evidentiary part of the trial is over, if there was no evidence of a
> contract, move the court for dismissal of that counterclaim under CR 41 or
> CR 50 Judgment as a Matter of Law if there is a jury (for non-unlawful
> detainer trials).
>
> If the judge won't dismiss it, then just argue at closing that the
> Defendant cannot prevail on the counterclaim because there was no contract
> and the statute of frauds case law requires a contract (cite and argue
> statute of frauds case law).
>
> Kelby J. Derenick
> Attorney
>
> *9414 State Ave., Suite E*
>
> *Marysville, WA 98270Ph: (206) 659-5061*
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> On Thu, Apr 13, 2023 at 4:07 PM Paul Neumiller <pneumiller at hotmail.com>
> wrote:
>
>> 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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