Modifications to a contract that bring it within the Statute must be in writing.

• A. No; writing is never required for modifications.
• B. Yes; the modification must be in writing.
• C. Only modifications to real estate contracts require writing.
• D. Only for suretyship modifications require writing.

Answer: (B)

When a contract falls under the Statute of Frauds, any modification that brings it within that writing requirement must itself be in writing. The Statute of Frauds lists contracts that must be evidenced by a writing, such as real estate transactions, contracts for the sale of goods over a specified amount, and contracts that cannot be performed within one year (among others). If a modification changes the contract so that it would now be governed by those writing rules, the modification has to be in writing to be enforceable. Oral modifications to such contracts are generally not enforceable to the extent they would alter terms that trigger the Statute of Frauds. So the correct approach is to memorialize the modification in writing. The other options fail because writing is indeed required in these cases, and the requirement isn’t limited only to real estate or only to suretyship modifications.