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 Illinois, the statute of frauds is codified primarily in the Illinois Compiled Statutes (740 ILCS 80/). It requires certain types of contracts to be in writing to be enforceable. These include contracts for the sale of real estate, contracts that cannot be completed within one year, and contracts for the sale of goods priced at $500 or more, which aligns with the Uniform Commercial Code (810 ILCS 5/2-201). Additionally, Illinois law requires written agreements for loan agreements over a certain amount, prenuptial agreements, and contracts where one party agrees to pay the debt of another. The purpose of these requirements is to prevent fraud and perjury by ensuring that there is clear and tangible evidence of the agreements made in these significant transactions. Notably, Illinois courts may enforce oral contracts in some circumstances if they find that there has been partial performance or other factors that would make it unjust not to enforce the agreement.