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 Minnesota, the statute of frauds is codified under Minnesota Statutes, Section 513.01 and other related sections. This legal principle requires certain types of contracts to be in writing to be enforceable. The types of contracts typically covered by the statute of frauds in Minnesota include: (1) contracts for the sale, lease, or other conveyance of real estate; (2) contracts that cannot be performed within one year from the making thereof; (3) loan agreements for a significant amount, which may vary based on specific circumstances; (4) prenuptial agreements and other contracts in anticipation of or related to marriage; (5) contracts for the sale of goods priced at $500 or more, as governed by the Uniform Commercial Code adopted in Minnesota; (6) promises to pay the debt of an estate from personal funds; and (7) agreements where one party agrees to pay the debt of another. These requirements are designed to prevent fraud and perjury by ensuring that there is clear and written evidence of the agreements that fall under these categories.