Hunter Law Office | Dallas, Texas
  • Home
  • Legal Blog
  • FAQ

Legal News & Opinion

Can receipts be used as evidence of a contract for the sale of a home?

2/15/2017

 
We were purchasing a home from a friend with owner financing. We were working on a contract, and the seller gave us all these details about the contract for purchasing this home. We have a few receipts with our names, date, amount, and saying, for purchase of house on [#### xxxx Rd., TX,] and the seller's signature. Now, the seller is trying to back out and deny the sale ever happened. If we took this to civil court, would the receipts help us? Keep reading for the answer.

In the Texas Business and Commerce Code is found the Statute of Frauds. §26.01(b)(4) provides that a contract for the sale of real estate is not enforceable unless the promise or agreement, or a memorandum of it, is in writing and signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him. The receipts alone probably do not satisfy this requirement.

However, if the seller raises the statute of frauds as a defense against your claim, you are not necessarily out of options. Promissory estoppel is an option I will not discuss here. Another option is partial performance. An oral agreement can be enforceable despite the statute of frauds if the agreement has been partially performed. To enforce the agreement, you would have to show that the performance unequivocally refers to the agreement and corroborates its existence, and that the performance could have no other purpose than to fulfill the agreement. That is where your receipts come in.

Under Texas law, a partially performed oral contract for the sale or lease of real estate is enforceable. Stovall & Assocs. v. Hibbs Fin. Ctr., Ltd., 409 S.W.3d 790, 801 (Tex.App.—Dallas 2013, no pet.). To establish partial performance, you would have to show that you (1) paid consideration, whether in money or services, (2) took possession of the land, and (3) made permanent and valuable improvements to the land with the defendant seller’s or lessor’s consent or, if no improvements were made, that other factors would make the transaction fraudulent if not enforced. Boyert v. Tauber, 834 S.W.2d 60, 63 (Tex.1992).
Back To Blog Home

      


Comments are closed.
     
    NOT LEGAL ADVICE. 


    Nothing on this website is legal advice. The information on this site is general in nature and might not apply to your individual situation.

    We Recommend:

    Liberty Law Blog
    Online Library of Liberty

    RSS Feed

    Categories

    All
    Automobiles
    Consider This
    Constitutional Law
    Contracts
    Convention Of States
    Defamation
    Divorce
    DTPA
    Family Law
    Gun Law
    Intellectual Property
    Legal Potpourri
    Legislation
    Marriage
    Negligence
    Opinion
    Personal Injury
    Politics
    Practical Series
    Property Disputes
    Real Estate Law
    Who Said It?

    Archives

    June 2019
    May 2019
    April 2019
    February 2019
    January 2019
    September 2018
    July 2018
    June 2018
    May 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    August 2016
    June 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    July 2015
    June 2015
    April 2015
    July 2014
    September 2012
    August 2012
    June 2012

dallas locations

What People Are Saying

connect with Us

Get Our Newsletter
Serving Dallas and North Texas including the Park Cities, Highland Park, University Park, Preston Hollow, Lake Highlands, Lakewood, Addison, Farmers Branch, Carrollton, Richardson, Garland, Rowlett, and Rockwall. 

​Copyright © 2013 - 2019 Law Office of Henry Wyche Hunter.  All Rights Reserved. Website content approved by Henry Wyche Hunter, Principal Attorney.

  • Home
  • Legal Blog
  • FAQ