Determining Whether a Transaction Is within the Statute of Frauds

By Scott J. Burnham

Part of Contract Law For Dummies Cheat Sheet

To determine whether a transaction is within the statute of frauds and therefore must be evidenced by a writing, check whether the transaction is any of the following:

  • An agreement concerning real estate

  • An agreement to rent real property for longer than a year

  • An agreement that by its terms can’t be performed within a year from the making

  • An agreement to answer for the duty of another

  • An agreement for the sale of goods for $500 or more

If an agreement is within the statute, look for evidence of a writing signed by the person against whom enforcement is sought. If you don’t find a sufficient writing, look for an exception to the statute.