Also known as: statute of frauds · statute of fraud · statutes of fraud · SOF · Statute of Frauds
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule requiring certain classes of contracts to be evidenced by a signed writing to be enforceable. The rule covers contracts of executors, suretyship promises, contracts not performable within one year, contracts for the sale of land, and contracts for the sale of goods above a statutory price threshold.
Sophia Singh's uncle died leaving debts. Sophia orally promised the estate's executor that she would pay the debts from her own funds if the estate assets proved insufficient. When the executor sought enforcement, the court refused because no signed writing existed.
Sofia Stern orally agreed to rent a storefront from Sterling Manufacturing for nine months. Because the lease term fell within the period allowed for oral agreements under the controlling statute, the landlord-tenant relationship formed and could be enforced.
Select any source to read its text and confirm it supports the definition.
Stephen Shaw conveyed lots in a new subdivision subject to recorded restrictions limiting building height. Sapphire Holdings later purchased a lot and attempted to build taller than allowed. The recorded declaration satisfied the writing requirement and bound the buyer.
Sylvia Santos signed a document purporting to lease warehouse space from Summit Bank for five years at $60,000 per year. The document omitted the rent amount. Because the writing failed to state the rent, the lease fell within the statute and remained unenforceable.
Sean Steele took possession of an apartment under an oral five-year lease and paid monthly rent that the landlord accepted. When the landlord later sought to evict, the court recognized only a month-to-month periodic tenancy because the original lease lacked a sufficient writing.
Spencer Silver held a valid three-year written lease. After two years the landlord orally agreed to extend the term by another three years. Because both the original and remaining periods exceeded the statutory threshold, the extension was unenforceable.
The statute applies to executor promises, suretyship agreements, contracts not performable within one year, land-sale contracts, and certain goods sales. A signed writing is required for enforcement unless an exception applies.
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An oral lease creates a tenancy when its duration does not exceed the period allowed by the controlling statute. If the term is too long, possession plus rent payment may create only a periodic tenancy.
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The writing must identify the parties, the premises, the lease duration, the rent, and be signed by the party to be charged. Missing any required element leaves the lease unenforceable.
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The lease receives no effect unless the tenant takes possession, in which case a tenancy at will arises, or possession plus rent creates a periodic tenancy, or substantial performance referable to the lease terms gives full effect.
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An oral modification is invalid if both the original lease term and the remaining period after modification exceed the statutory threshold. A writing is then necessary to enforce the changed term.
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…universally require that those instruments be in writing. There is no doubt that statutes requiring wills to be in writing, and statutes of frauds which require that a contract to make a will be in writing, on occasion frustrate the effectuation of the intent of a particular decedent, just as Missouri's requirement of proof in this…