The six categories requiring written contracts
The statute of frauds requires certain contracts to be in writing to be enforceable. The traditional categories are agreements involving marriage, land, execution of an estate, suretyship, the sale of goods above 500 dollars (or in some states a higher threshold), and contracts that cannot be performed within one year. These categories reflect high-stakes transactions where writing reduces fraud risk and provides reliable evidence.
A land contract for the sale of real property must be written, signed by the party against whom enforcement is sought, and contain the essential terms. An oral agreement to sell a house is void under the statute of frauds, even if both parties intended to be bound. However, if the buyer takes possession and makes substantial improvements, equity may enforce the oral contract under the doctrine of part performance.
The goods threshold and exceptions
The statute of frauds under the Uniform Commercial Code requires a written contract for the sale of goods priced at 500 dollars or more. A merchant's written confirmation satisfies this requirement even if signed only by the seller, unless the buyer objects in writing within ten days. The writing need not be a formal contract; an email, invoice, or note can suffice if it reasonably identifies the goods and quantity.
Important exceptions undermine the writing requirement: a merchant's written confirmation between merchants binds even the non-signing party, goods specially manufactured to order can be enforced orally if manufacture has begun, and part payment or acceptance of the goods can satisfy the statute. These exceptions recognize that in commercial practice, rigid application of the writing rule defeats commercial reality and the parties' actual intent.