Preston v Nichols, 2023 NY Slip Op 02408 (4th Dept 2023)
We negotiate everything by text and email now — including, sometimes, the sale of real estate. Preston v Nichols is a sharp reminder that when it comes to land, New York's centuries-old statute of frauds still controls the conversation.
The dispute
The plaintiff sued for breach of contract over a claimed agreement to purchase real property, pointing to email and text-message exchanges as the contract. The lower court let the claim proceed.
What the court decided
The Fourth Department reversed. The emails and texts lacked the formal signatures required to satisfy the statute of frauds for a contract to purchase real property. Without a properly subscribed writing, the breach of contract action was barred.
The court also held the part performance doctrine inapplicable — the escape hatch that can sometimes save an unsigned land deal (where a party's actions are "unequivocally referable" to the claimed agreement) did not apply on these facts.
Why real estate is different
Certain categories of agreements are considered too important to rest on memory and casual writings. Contracts for the sale of real property sit at the top of that list. The law demands a signed writing precisely because land deals are high-stakes, long-lived, and historically fertile ground for misunderstanding — or fraud.
A trail of enthusiastic texts ("we have a deal!", "see you at closing") can feel like a contract. Legally, it usually isn't one.
What this means for you
In plain English: if you're buying or selling property — a house, a lot, a building — nothing is real until there's a signed contract. Don't rely on texts, emails, or verbal assurances, no matter how definite they sound. And don't spend money or walk away from other opportunities based on an unsigned deal.
On the flip side: if someone claims you're bound to a property deal based on your text messages, the statute of frauds may be a complete defense. Either way, the moment real estate money is on the line, get the agreement into a proper signed writing.
This case note is attorney commentary for general information — it is not legal advice about your situation. Every case turns on its own facts.