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:
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.
Notes of Decisions
Owens v. M.E. Schepp Ltd. Partnership (2007)
arizctapp · cites it 31×
“Rather, he asserts that partial summary judgment was appropriate because the undisputed evidence demonstrates the parties never reached an agreement for voluntary partition.”
Turley v. Ethington (2006)
arizctapp · cites it 7×
“The Ethingtons filed a motion to dismiss pursuant to Rule 12(b)(6), arguing, in part, that the statute of frauds, A.R.S. § 44-101, prohibited the Turleys’ claim based on Johnson v.”
Rudinsky v. Harris (2012)
arizctapp · cites it 6×
“¶ 16 Green Light’s motion for partial summary judgment was based on the following portion of Arizona’s 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,…”
Del Rio Land, Inc. v. Haumont (1977)
arizctapp · cites it 12×
“A.R.S. § 44-101 provides a defense to the action here in question "unless the promise or agreement .”
Young v. Rose (2012)
arizctapp · cites it 9×
“It reads, in relevant part: No action shall be brought in any court in the following eases 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…”
Owens v. M.E. Schepp Ltd. Partnership (2008)
ariz · cites it 5×
“The Partnership counterclaimed, contending that statutory partition was inappropriate because the parties had entered into an oral voluntary partition agreement; the counterclaim sought specific performance of that agreement. ¶4 Owens moved for partial summary judgment,…”
Roe v. Austin (2018)
arizctapp · cites it 3×
“§ 44-101, in relevant part provides: 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…”
Great Western Bank v. LJC Development, LLC (2015)
arizctapp · cites it 4×
“A.R.S. § 44-101(9). Great Western also asserts the D’Oench doctrine likewise prohibits a borrower from asserting defenses or claims against a failed bank based upon unwritten agreements.”
Best v. Edwards (2008)
arizctapp · cites it 4×
“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.”
Dabrowski v. Bartlett (2019)
arizctapp · cites it 2×
“A.R.S. § 44-101(6) (statute of frauds applies to “an agreement .”
Snyder v. HSBC Bank, USA, N.A. (2012)
azd · cites it 6×
“Statute of Frauds HSBC and Ocwen raise in their reply that the LMA claim is a loan agreement regarding an interest in real property and falls within Arizona’s Statute of Frauds, A.R.S. § 44-101. (Doe. 18 at 4) An agreement that falls within the Statute of Frauds can only be…”
— Ariz. Rev. Stat. § 44-101(2) — 3 cases
— Ariz. Rev. Stat. § 44-101(4) — 3 cases
— Ariz. Rev. Stat. § 44-101(5) — 13 cases
Rudinsky v. Harris (2012)
arizctapp
“¶ 16 Green Light’s motion for partial summary judgment was based on the following portion of Arizona’s 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,…”
— Ariz. Rev. Stat. § 44-101(6) — 38 cases
Owens v. M.E. Schepp Ltd. Partnership (2007)
arizctapp
“Rather, he asserts that partial summary judgment was appropriate because the undisputed evidence demonstrates the parties never reached an agreement for voluntary partition.”
Turley v. Ethington (2006)
arizctapp
“The Ethingtons filed a motion to dismiss pursuant to Rule 12(b)(6), arguing, in part, that the statute of frauds, A.R.S. § 44-101, prohibited the Turleys’ claim based on Johnson v.”
Owens v. M.E. Schepp Ltd. Partnership (2008)
ariz
“The Partnership counterclaimed, contending that statutory partition was inappropriate because the parties had entered into an oral voluntary partition agreement; the counterclaim sought specific performance of that agreement. ¶4 Owens moved for partial summary judgment,…”
Dabrowski v. Bartlett (2019)
arizctapp
“A.R.S. § 44-101(6) (statute of frauds applies to “an agreement .”
— Ariz. Rev. Stat. § 44-101(7) — 11 cases
Rudinsky v. Harris (2012)
arizctapp
“¶ 16 Green Light’s motion for partial summary judgment was based on the following portion of Arizona’s 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,…”
Del Rio Land, Inc. v. Haumont (1977)
arizctapp
“A.R.S. § 44-101 provides a defense to the action here in question "unless the promise or agreement .”
Young v. Rose (2012)
arizctapp
“It reads, in relevant part: No action shall be brought in any court in the following eases 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…”
— Ariz. Rev. Stat. § 44-101(8) — 1 case
— Ariz. Rev. Stat. § 44-101(9) — 7 cases
Great Western Bank v. LJC Development, LLC (2015)
arizctapp
“A.R.S. § 44-101(9). Great Western also asserts the D’Oench doctrine likewise prohibits a borrower from asserting defenses or claims against a failed bank based upon unwritten agreements.”
— Ariz. Rev. Stat. § 44-101(b) — 1 case
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