Under the California Civil Code – Contracts
Contract Basics
A contract (an understanding between parties to do something or refrain from doing something in exchange for valid and legal consideration) can be either express or implied. An express contract is one, the terms of which are stated in words. An implied contract is one, the existence and terms of which are manifested by conduct.
All contracts may be oral, except such as are specially required by statute to be in writing. Some contracts are invalid IF NOT IN WRITING, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party’s agent:
(a) An agreement that by its terms is not to be performed within one year from the making thereof.
(b) A special promise to answer for the debt of another, except in the cases provided for in Section 2794.
(c) A contract for a lease for a longer period than one year, or for the sale of real property, or of an interest in real property
(d) An agreement authorizing or employing an agent, or broker, or any other person to purchase or sell real estate, or to lease land for a longer period longer than one year, or to procure, introduce, or find a purchaser or seller of real estate or a lessee or lessor of real estate where the lease is for a longer period than one year, for compensation or a commission.
(e) An agreement which by its terms is not to be performed during the lifetime of the promisor.
(f) An agreement by a purchaser of real property to pay an indebtedness secured by a mortgage or deed of trust upon the property purchased, unless assumption of the indebtedness by the purchaser is specifically provided for in the conveyance of the property.
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