In Texas, agreements for the sale of real property fall under the statute of frauds. This means they must be in a written agreement signed by the person against whom enforcement is sought. This can be found in Texas Business and Commerce Code sections 26.01(a), 26.01(b)(4).
... (a) A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is
(1) in writing; and
(2) signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.
(b) Subsection (a) of this section applies to:
(1) a promise by an executor or administrator to answer out of his own estate for any debt or damage due from his testator or intestate;
(2) a promise by one person to answer for the debt, default, or miscarriage of another person;
(3) an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation;
(4) a contract for the sale of real estate; ...
Under Texas case law, the agreement must contain the essential elements of the agreement so that the court can determine what exactly the agreement was without resorting to oral testimony.
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