In Tennessee, most contracts are just as legally effective and valid if they are verbal as opposed to written. However, many real estate contracts and agreements, under Tennessee law, may be held invalid if not memorialized by a written document or documents which the court determines sufficiently set forth the essential terms of the agreement. Moreover, such real estate contracts may be held invalid if the documents memorializing them are not signed by the parties against whom enforcement is sought.
The Tennessee the statute of frauds, Tenn. Code Ann. §29-2-101(a)(4), can potentially invalidate any real estate contract that is not adequately memorialized and signed by the party against whom enforcement is sought. The Tennessee statute of frauds does not automatically void real estate agreements which fail to meet its requirements: It makes such transactions voidable.
The statute of frauds covers real estate option contracts as well as garden variety real estate sales contracts. It does not cover agreements about boundary line disputes; real estate agents’ agreements to list and sell real estate; or real estate brokerage agreements.
The statute of frauds does not apply to some agreements which are collateral to the transfer of real estate. For example, in one Tennessee case, in addition to transferring a lot, the seller agreed to build a certain type of home. The parties’ in that case had no written contract about the specifications for the home or the quality or type of materials to be used in building the home. The seller argued that the contract to build the home was unenforceable under the statute of frauds, but the Court of Appeals of Tennessee disagreed.