Arizona Laws 44-101. Statute of frauds
No action shall be brought in any court in the following cases unless the promise or agreement upon which the action is brought, or some memorandum thereof, is in writing and signed by the party to be charged, or by some person by him thereunto lawfully authorized:
Terms Used In Arizona Laws 44-101
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Bequeath: To gift property by will.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Devise: To gift property by will.
- Executor: A male person named in a will to carry out the decedent
- Intestate: Dying without leaving a will.
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- sell: means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition. See Arizona Laws 44-1801
- Testator: A male person who leaves a will at death.
- Writing: includes printing. See Arizona Laws 1-215
1. To charge an executor or administrator upon any promise to answer for any debt or damages due from his testator or intestate out of his own estate.
2. To charge a person upon a promise to answer for the debt, default or miscarriage of another.
3. To charge a person upon any agreement made upon consideration of marriage, except a mutual promise to marry.
4. Upon a contract to sell or a sale of goods or choses in action of the value of five hundred dollars or more, unless the buyer accepts part of the goods or choses in action, and actually receives them or gives something in earnest to bind the contract, or in part payment, but when a sale is made at auction, an entry by the auctioneer in his sale book, made at the time of the sale, of the kind of property sold, the terms of the sale, the price, and the name of the purchaser and person on whose account the sale is made is a sufficient memorandum.
5. Upon an agreement which is not to be performed within one year from the making thereof.
6. Upon an agreement for leasing for a longer period than one year, or for the sale of real property or an interest therein. Such agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing, subscribed by the party sought to be charged.
7. Upon an agreement authorizing or employing an agent or broker to purchase or sell real property, or mines, for compensation or a commission.
8. Upon an agreement which by its terms is not to be performed during the lifetime of the promisor, or an agreement to devise or bequeath any property, or to make provision for any person by will.
9. Upon a contract, promise, undertaking or commitment to loan money or to grant or extend credit, or a contract, promise, undertaking or commitment to extend, renew or modify a loan or other extension of credit involving both an amount greater than two hundred fifty thousand dollars and not made or extended primarily for personal, family or household purposes.