Oct. 10, 2015
Is a text a 'writing' under the statute of frauds?
A law which recently took effect in California expressly excludes text messages from the definition of 'writing' when it comes to satisfying the statute of fraud in real estate contracts. By Robert C. Barnes
Robert C. Barnes
Senior Counsel
Norton Rose Fulbright US LLP
Robert is a real estate transactional attorney and senior counsel in the firm's Los Angeles office.
The statute of frauds is a venerable doctrine in real estate law, requiring most real
estate contracts to be in writing. But in an age of tweets, texts and instant messages,
do such informal communications qualify as "writings"?
The California Legislature attempted to answer that question with Assembly Bill 2136,
which took effect Jan. 1 this year. It provid...
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