Code of Alabama
Ala. Code § 8-9-2 (2026)
Certain Agreements Void Unless in Writing.
✓ official Alabama Legislature (ALISON) text, current July 2026
In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully authorized in writing:
(1) Every agreement which, by its terms, is not to be performed within one year from the making thereof;
(2) Every special promise by an executor or administrator to answer damages out of his own estate;
(3) Every special promise to answer for the debt, default or miscarriage of another;
(4) Every agreement, promise or undertaking made upon consideration of marriage, except mutual promises to marry;
(5) Every contract for the sale of lands, tenements or hereditaments, or of any interest therein, except leases for a term not longer than one year, unless the purchase money, or a portion thereof is paid and the purchaser is put in possession of the land by the seller;
(6) Every agreement, contract or promise to make a will or to devise or bequeath any real or personal property or right, title or interest therein;
(7) Every agreement or commitment to lend money, delay or forebear repayment thereof or to modify the provisions of such an agreement or commitment except for consumer loans with a principal amount financed less than $25,000;
(8) Notwithstanding Section 7-8-113, every agreement for the sale or purchase of securities other than through the facilities of a national stock exchange or of the over-the-counter securities market.
(Code 1852, §1551; Code 1867, §1862; Code 1876, §2121; Code 1886, §1732; Code 1896, §2152; Code 1907, §4289; Code 1923, §8034; Code 1940, T. 20, §3; Acts 1951, No. 645, p. 1109; Acts 1989, No. 89-430, p. 910; Acts 1996, No. 96-742, p. 1241, §5.)
Notes of Decisions
Cited in 150
cases (10 in the last 5 years), 1978–2025 · leading case: Southland Bank v. a & a Drywall Supply Co., 21 So. 3d 1196 (Ala. 2009).
Southland Bank v. a & a Drywall Supply Co., 21 So. 3d 1196 (Ala. 2009). “The Statute of Frauds, Ala.Code 1975, § 8-9-2, generally provides that a loan or a commitment to make a loan of $25,000 or more must be in writing: "In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the…”
Ex Parte Ramsay, 829 So. 2d 146 (Ala. 2002). “We must, nonetheless, determine whether the alleged oral contract in this case meets the criteria of either subsection (1) or subsection (3) of § 8-9-2, the Statute of Frauds, already quoted.”
Fausak's Tire Ctr., Inc. v. Blanchard, 959 So. 2d 1132 (Ala. Civ. App. 2006). “Ala.Code § 8-9-2 (1975). "2. The 125 shares of corporate stock .”
Holman v. Childersburg Bancorporation, Inc., 852 So. 2d 691 (Ala. 2002). “) Construing the predecessor to § 8-9-2, this Court has stated: "Unless the facts bring the case within one of the statutory exceptions, if the parol agreement between the two parties for the purchase of real estate from a third person `involves a purchase by, or in the name of,…”
Foremost Ins. Co. v. Parham, 693 So. 2d 409 (Ala. 1997). “Absent an allegation of fraud in the inducement, oral contradictions of written contracts are prohibited by the parol evidence rule, and the Statute of Frauds, Ala.Code 1975, § 8-9-2, requires certain contracts, such as those for the sale of any interest in land, to be in…”
Mobile Attic, Inc. v. Kiddin' Around of Alabama, Inc., 72 So. 3d 37 (Ala. Civ. App. 2011). “MA first argues that the Statute of Frauds, codified at Ala.Code 1975, § 8-9-2, bars recovery of the talent-renewal fees under the oral contract between MA and TC because the contract was one that could not be performed within one year.”
Bowen v. Sec. Pest Control, Inc., 879 So. 2d 1139 (Ala. 2003). “Unless a contract is required by a statute to be signed (the FAA contains no such requirement), or by the Statute of Frauds to be in writing (the contract here is not subject to Alabama's Statute of Frauds, Ala.Code 1975, § 8-9-2, which requires the signature of the party…”
Super Valu Stores, Inc. v. Peterson, 506 So. 2d 317 (Ala. 1987). “" [3] Super Valu presented its Statute of Frauds defense as follows: "This document is invalid under Code of Alabama 1975, § 8-9-2, the Alabama Statute of Frauds, which requires that the document affecting an interest in real estate be signed by the party to be charged therewith…”
Nix v. Wick, 66 So. 3d 209 (Ala. 2010). “Code 1975, provides, in part: "In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully…”
Pate v. Billy Boyd Realty & Const., 699 So. 2d 186 (Ala. Civ. App. 1997). “As stated above, Ala.Code 1975, § 8-9-2(5), provides that a memorandum of an agreement to transfer an interest in land is not necessary if "the purchase money, or a portion thereof is paid," and "the purchaser is put in possession of the land by the seller.”
Herrington v. Cent. Soya Co., Inc., 420 So. 2d 1 (Ala. 1982). “" *3 The applicable portion of the Alabama Statute of Frauds (Code 1975, § 8-9-2) reads: "In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged…”
Ex Parte Rush, 730 So. 2d 1175 (Ala. 1999). “Unless a contract is required by a statute to be signed (the FAA contains no such requirement), or by the Statute of Frauds to be in writing (the contract here is not subject to Alabama's Statute of Frauds, Ala.Code 1975, § 8-9-2, which requires the signature of the party…”
— Ala. Code § 8-9-2(1) — 16 cases
Ex Parte Ramsay, 829 So. 2d 146 (Ala. 2002). “We must, nonetheless, determine whether the alleged oral contract in this case meets the criteria of either subsection (1) or subsection (3) of § 8-9-2, the Statute of Frauds, already quoted.”
Quimby v. Mem'l Parks, Inc., 835 So. 2d 134 (Ala. 2002).
Kitsos v. Mobile Gas Serv. Corp., 404 So. 2d 40 (Ala. 1981).
Fausak's Tire Ctr., Inc. v. Blanchard, 959 So. 2d 1132 (Ala. Civ. App. 2006). “Ala.Code § 8-9-2 (1975). "2. The 125 shares of corporate stock .”
Quimby v. Mem'l Parks, Inc., 667 So. 2d 1353 (Ala. 1995).
— Ala. Code § 8-9-2(3) — 20 cases
Ex Parte Ramsay, 829 So. 2d 146 (Ala. 2002). “We must, nonetheless, determine whether the alleged oral contract in this case meets the criteria of either subsection (1) or subsection (3) of § 8-9-2, the Statute of Frauds, already quoted.”
Herrington v. Cent. Soya Co., Inc., 420 So. 2d 1 (Ala. 1982). “" *3 The applicable portion of the Alabama Statute of Frauds (Code 1975, § 8-9-2) reads: "In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged…”
Water Works Bd. of the City of Birmingham v. Ambac Fin. Grp., Inc., 718 F. Supp. 2d 1317 (N.D. Ala. 2010).
Boyington v. Bryan, 174 So. 3d 347 (Ala. Civ. App. 2014).
Lawler v. Cook Oil Co., Inc., 640 So. 2d 950 (Ala. Civ. App. 1994).
— Ala. Code § 8-9-2(5) — 25 cases
Holman v. Childersburg Bancorporation, Inc., 852 So. 2d 691 (Ala. 2002). “) Construing the predecessor to § 8-9-2, this Court has stated: "Unless the facts bring the case within one of the statutory exceptions, if the parol agreement between the two parties for the purchase of real estate from a third person `involves a purchase by, or in the name of,…”
Pate v. Billy Boyd Realty & Const., 699 So. 2d 186 (Ala. Civ. App. 1997). “As stated above, Ala.Code 1975, § 8-9-2(5), provides that a memorandum of an agreement to transfer an interest in land is not necessary if "the purchase money, or a portion thereof is paid," and "the purchaser is put in possession of the land by the seller.”
Fausak's Tire Ctr., Inc. v. Blanchard, 959 So. 2d 1132 (Ala. Civ. App. 2006). “Ala.Code § 8-9-2 (1975). "2. The 125 shares of corporate stock .”
Nix v. Wick, 66 So. 3d 209 (Ala. 2010). “Code 1975, provides, in part: "In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully…”
Brown v. Childress, 898 So. 2d 786 (Ala. Civ. App. 2004).
— Ala. Code § 8-9-2(6) — 1 case
Roy Wayne Hill v. Hill, 2090130 (ala.civ.app. 12-3-2010), 89 So. 3d 116 (Ala. Civ. App. 2010).
— Ala. Code § 8-9-2(7) — 16 cases
Southland Bank v. a & a Drywall Supply Co., 21 So. 3d 1196 (Ala. 2009). “The Statute of Frauds, Ala.Code 1975, § 8-9-2, generally provides that a loan or a commitment to make a loan of $25,000 or more must be in writing: "In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the…”
Blake v. Bank of Am., N.A., 845 F. Supp. 2d 1206 (M.D. Ala. 2012).
Capmark Bank v. Rgr, LLC, 81 So. 3d 1258 (Ala. 2011).
Premier Capital Funding, Inc. v. Earle (In Re Earle), 307 B.R. 276 (Bankr. S.D. Ala. 2002).
Perry v. Fed. Nat'l Mortg. Ass'n, 100 So. 3d 1090 (Ala. Civ. App. 2012).
— Ala. Code § 8-9-2(8) — 2 cases
Fausak's Tire Ctr., Inc. v. Blanchard, 959 So. 2d 1132 (Ala. Civ. App. 2006). “Ala.Code § 8-9-2 (1975). "2. The 125 shares of corporate stock .”
Spafford v. Crescent Credit Corp., 497 So. 2d 160 (Ala. Civ. App. 1986).
— Ala. Code § 8-9-2(l) — 2 cases
Price v. Univ. of Alabama, 318 F. Supp. 2d 1084 (N.D. Ala. 2003).
M & M Flying Serv., Inc. v. Andalusia-Opp Airport Auth., 541 So. 2d 556 (Ala. Civ. App. 1989).
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