Understanding the Statute of Frauds & Contract Requirements

One question that comes up from time to time in real estate transactions is whether a buyer can keep their identity confidential. Maybe it’s a high-profile individual, an investor who doesn’t want to tip their hand in a competitive market, or simply someone who values privacy. The instinct is often to ask: Can I withhold my name from the purchase contract and stay anonymous until closing?

The short answer: No. At least not if you want a valid, enforceable contract. Here’s why.

What do skunks, alligators, peacocks, and capuchin monkeys all have in common, besides the obvious fact that they are all animals? All are examples of true-life emotional support animals or ESAs. Network news and social media abound with examples of the extreme. Back in 2015, a Wisconsin McDonald’s restaurant received some unwanted publicity after ejecting a woman and her emotional support kangaroo from the restaurant.   In 2018, Frontier Airlines removed a passenger from her flight after she insisted on keeping her 11-week-old emotional support squirrel with her, delaying the flight by 2 hours.  And more recently, in September 2023, a man unsuccessfully attempted to bring his emotional support alligator into Citizens Bank Park in Philadelphia for a pregame meet-and-greet with Phillies players. Many other newsworthy instances of issues around ESAs revolve specifically around housing, which opens up a whole new can of worms. Access to fast food, airplane flights, and fun leisure activities like professional baseball games don’t trigger the Fair Housing Act, which would apply to cases involving ESAs and housing.

With recent changes to the Virginia Residential Real Estate Contract (the “Contract”), this topic is ripe for treatment, both old and new.

It was late fall of 2010 and the paperwork that conjured Vesta Settlements into existence had been filed. Not long after, business cards arrived in the mail identifying me as “President.” My children, 7 and 4 at the time, asked, “what are you President of?” After a brief pause to consider their question, I smirked and responded, “Nothing!”

A very common question for real estate agents, and by extension buyers and sellers, is whether to check the box for offer date or home inspection date as it relates to measuring whether the property is in substantially the same condition. This article hopes to put to rest the debate between the two options.

The news is littered with reports of Coronavirus outbreaks and quarantines. With around the clock news coverage comes the alarm, panic and overreaction. Times like these may remind us that contracts may have to plan for the unexpected.

In a recent contract I reviewed, I found the following language in the “Other Terms” section: “Seller to arrange for inspection of fireplace and chimney and shall provide a written report to the Buyer.” We speak with a certain informality, and particularly in person, we can follow up, explain, expand, and clarify all while conveying non-verbal messages with our intonation and expression.

Sam Seller and Betty Buyer enter into a contract for the sale of Blackacre (“the Property”). Sam agrees to provide Betty access to the Property and as part of the contract paperwork, Sam and Betty execute the Buyer’s Limited Access to Premises Agreement. Prior to closing, Betty arranges to have contractors see the Property in order to make arrangements for planned work. In order to save time, Betty authorizes one of the contractors to install new carpeting in the home prior to closing.

As Mark Twain once famously said, “the reports of my death are greatly exaggerated.” Much is written about the disruption of the real estate industry and the desire of technology related real estate companies to cut out the real estate agent from the transaction. There is no question that a number of companies and business plans wish to do just that with the help of private equity financing.