Massachusetts Courts have continued to reinforce the language of Mass Gen. Laws Ch. 259, §1 which states “… In Massachusetts, a party may not prosecute a claim for breach of contract concerning [land] … unless the promise, contract or agreement upon which [an] action is brought … is in writing and signed by the party to be charged therewith.” In Von Papen v. Rubman, et al. an oral agreement to lease property was made between the parties and was never followed through on. The fact that the record was full of writings outlining various terms was not enough to satisfy the Statute of Frauds; the court ruled these were at best a state of imperfect negotiations. The Court explains that in order to be an enforceable agreement, the writings must demonstrate (1) terms sufficiently complete and definite, and (2) a present intent of the parties at the time of formation to be bound by those terms, in addition to being signed by both parties. The Statute of Frauds is also fatal to claims of fraud in the inducement and promissory estoppels when the agreement concerns land. It is important to consult a qualified attorney before following through with any transactions involving land.
