The contract for the sale of real property is expressly required by law to be in writing and signed by the party to be bound by it. This is the old "Statute of Frauds" in its present form, and is intended to prevent fraudulent proof of a fictitious verbal contract, thereby depriving the owner of valuable realty. Practically, for commercial reasons a written contract is a necessity in a real estate transaction. There are usually many terms and provisions agreed upon and it would be impracticable to attempt to carry them all in one's memory. Even aside from the opportunity for fraud, natural forgetfulness would give rise to innumerable disputes.

The writing may be upon any lasting substance, made with anything from stylus to paint brush and in any language, which can be translated into English. Care must be had, however, to see that all the provisions are embodied in the contract, for after it is once signed, nothing can be added to it except by consent of all parties. Anything left out of the written contract, even though agreed upon in the discussion leading to the contract, is unenforceable. Care should also be taken to see that the various provisions state explicitly what is intended. No explanation can later be given to change the meaning of a provision which on its face appears clear. The words as put into the instrument may mean something entirely different from what was intended, yet, if the error does not appear from reading the contract, no explanation can be given.