DocketXDocketX / Glossary / statute of frauds
Statute Of Frauds
The statute of frauds is a legal rule that requires certain types of contracts to be in writing and signed to be enforceable in court.
What it actually is
It is a set of laws that list specific agreements—such as those involving real estate, marriage, or promises to pay someone else's debt—that must be documented in writing. In a court case, if the opposing party raises the statute of frauds as a defense, the party trying to enforce the contract must produce a written agreement or the case may be dismissed.
Why it matters in your case
If you are in a lawsuit over an oral agreement that falls under the statute of frauds, the court may refuse to enforce it even if both parties clearly intended the deal. This means you could lose your case simply because the agreement was not written down, regardless of the facts.
The common misunderstanding
Many people think the statute of frauds applies to all contracts, but it only covers a narrow list of specific types. Also, a written note or email can sometimes satisfy the requirement, not just a formal contract.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.