Court Cases
August 18, 2009
DEEDS / STATUTE OF FRAUDS
Lee v. Lee (PDF)
- The Statute of Frauds does not apply to an executed contract, and a deed that is executed by the grantor and delivered to the grantee is an executed contract. The court rejected defendants' argument that the deed did not reflect the terms of sale under a verbal agreement.
- While the alteration of an undelivered deed renders the conveyance void, the alteration of a deed after it has been delivered to the grantee does not invalidate the instrument as to the grantee. The deed is void only as to the individuals who were added as grantees after delivery.
Cal.App. 5th Dist. (F056107) 7/29/09
