What is the Statute of Frauds?

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What the Statute of Frauds is

Under Arizona law, the Statute of Frauds is a rule that bars any court action on certain types of promises or agreements unless the promise or agreement — or some memorandum of it — is in writing and signed by the party to be charged (or by someone lawfully authorized by that party) .

Categories that must be in writing under A.R.S. § 44-101

1. A promise by an executor or administrator to answer for a debt or damages of the testator or intestate out of the executor's own estate .
2. A promise to answer for the debt, default, or miscarriage of another person (a guaranty) .
3. An agreement made upon consideration of marriage, except a mutual promise to marry .
4. A contract to sell, or a sale of, goods or choses in action valued at five hundred dollars or more, subject to exceptions such as partial acceptance and receipt, earnest money, part payment, or an auctioneer's sale-book entry .
5. An agreement not to be performed within one year from its making .
6. An agreement to lease for longer than one year, or to sell real property or an interest in it — and if made by an agent, the agent's authority must itself be in a writing subscribed by the party to be charged .
7. An agreement employing an agent or broker to buy or sell real property or mines for compensation or a commission .
8. An agreement that by its terms is not to be performed during the promisor's lifetime, or an agreement to devise or bequeath property or make provision for someone by will .
9. A commitment to loan money or extend, renew, or modify credit involving an amount greater than two hundred fifty thousand dollars and not made primarily for personal, family, or household purposes .

Related statutes

Separate statute-of-frauds rules apply to goods leases (generally requiring a signed writing unless total payments are under one thousand dollars, with exceptions for specially manufactured goods, admissions in court, and goods received and accepted) , and to sales of goods for five hundred dollars or more (with merchant-confirmation, specially-manufactured-goods, admission, and payment-or-acceptance exceptions) . Conversely, contracts for the sale or purchase of a security are enforceable with or without a writing, even if not performable within one year .

Scope note

This page states the rule and its listed categories; whether any particular agreement falls within or outside them is a fact-specific question the sources do not resolve . Agreements that do not fall within any listed category are not covered by this writing requirement as described in these sources . For advice on a specific transaction, consult a licensed Arizona attorney.