Arizona’s Statute of Frauds
The Arizona State Legislature, to prevent fraud, enacted a law requiring that certain promises or agreements be in writing. The statute is aptly named the Statute of Frauds. No action may be brought in court to enforce a promise or agreement that is covered by the Statute of Frauds, unless the person to be charged (or someone lawfully authorized by him) has signed a writing containing the promise or agreement.
In the absence of a signed writing, no court action may be brought:
To charge an executor or administrator for certain estate-related debts.
To charge a person upon a promise to pay the debt of another.
To charge a person upon an agreement made upon consideration of marriage, except a mutual promise to marry.
Upon a contract to sell goods having a value of $500 or more, unless the buyer accepts the goods or gives something to bind the contract, or unless certain auction sale rules apply.
Upon an agreement which is not performed within one year.
Upon a lease for longer than one year, or for the sale of real property.
Upon an agreement employing an agent to purchase or sell real property for compensation or a commission.
Upon an agreement which cannot by its terms be performed within the lifetime of the person making the promise, or an agreement to bequeath property, or to make a will provision.
Upon a contract or promise to loan money or extend credit, or a contract or promise to change a loan or other extension of credit involving more than $250,000 and not made primarily for personal, family or household purposes.
An action brought on an oral agreement in violation of the Statute of Frauds will be dismissed by the court.
The above article is an excerpt from Arizona Laws 101: A Handbook for Non-Lawyers, 2nd Edition (Fenestra Books, 2012), by Donald A. Loose, republished with the author’s permission.
Disclaimer: Laws change constantly. Specific legal advice should be obtained regarding any legal matter. The information contained on this website does not constitute legal advice and no attorney-client relationship is created.
Donald A. Loose is an Arizona attorney, and the author of Arizona Laws 101: A Handbook for Non-Lawyers, and Estate Planning in Arizona: What You Need to Know. Mr. Loose is a regular guest on radio shows featuring local newsmaker interviews. He may be contacted at firstname.lastname@example.org.