[WSBARP] Litigation and Statute of Frauds

[Rod Harmon]

Paul:
I tried a case last year in which the statute of frauds was an issue.  And the issue was whether the purported contract is void because it is (a) of a type specified in the statute, RCW 19.36.010, and (b) was not in writing and signed by an authorized person.  With real estate, the issue has been whether all the material terms have to be in writing. In my case it was a listing agreement signed by an unauthorized person.  I just briefed the court on the statute and the relevant cases interpreting it and argued that the contract was void, i.e. a nullity.


Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com/>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: realprop at googlegroups.com <realprop at googlegroups.com> On Behalf Of Paul Neumiller
Sent: Thursday, April 13, 2023 4:04 PM
To: Listserve RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [REALPROP] Litigation and Statute of Frauds

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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