The statute of frauds is the general name for each state’s statute (law) that requires certain contracts to be in writing—or to have a written memorandum that records the essential elements of the agreement—in order to be enforceable. Statutes of fraud are an exception to the general rule that verbal or oral contracts are just as enforceable as written contracts. Statutes of fraud are designed to prevent fraud and perjury (lying under oath) in transactions that are especially susceptible to fraud.

Statutes of fraud vary from state to state, but generally include (1) contracts for the sale or lease of real estate (land); (2) contracts that cannot be performed within one year from the date of the contract’s formation—such as a two-year employment contract; (3) loan agreements in excess of a certain amount; (4) contracts involving engagement promises (return of engagement rings), marriage (prenuptial agreements), or cohabitation (support, responsibilities) and post-cohabitation support (palimony); (5) contracts for the sale of goods above a certain amount (often $500); (6) promises to pay an estate’s debt from the personal funds of the executor; and (7) contracts in which one person agrees to pay the debt of another person.

In Georgia, the statute of frauds requires certain types of contracts to be in writing to be enforceable. These typically include agreements for the sale or lease of real estate, contracts that cannot be completed within one year, loan agreements above a certain threshold, prenuptial agreements, and contracts for the sale of goods valued over $500. Additionally, promises to pay the debt of another person or to pay an estate's debt from personal funds must also be in writing. These requirements are codified in the Official Code of Georgia Annotated (O.C.G.A.) and are designed to prevent fraudulent claims and ensure that there is clear evidence of the terms of significant transactions. For instance, O.C.G.A. § 13-5-30 outlines the specific agreements that fall under the statute of frauds in Georgia. It is important for individuals and businesses to be aware of these requirements to ensure that their contracts are legally enforceable.