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 South Dakota, 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 for substantial amounts, prenuptial agreements and other contracts related to marriage or cohabitation, sales of goods valued over a certain threshold (which may vary but is often around $500), promises to pay debts of an estate from personal funds, and agreements where one party assumes the debt of another. The purpose of these requirements is to prevent fraudulent claims and misunderstandings about significant agreements, ensuring that there is clear and reliable evidence of the terms and existence of these contracts. While oral contracts are generally valid in many situations, the statute of frauds serves as an important safeguard for transactions that are particularly prone to disputes or require a high level of certainty.