Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-10-108 (2026)

Contracts for interests in land - must be written

✓ current as of July 2026
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Every contract for the leasing for a longer period than one year or for the sale of any lands or any interest in lands is void unless the contract or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party by whom the lease or sale is to be made.

Source: R.S. p. 339, § 8. G.L. § 1258. G.S. § 1517. R.S. 08: § 2662. C.L. § 5107. CSA: C. 71, § 8. CRS 53: § 59-1-8. C.R.S. 1963: § 59-1-8.

Notes of Decisions
Cited in 35 cases (5 in the last 5 years), 1975–2025 · leading case: James H. Moore & Assocs. Realty, Inc. v. Arrowhead at Vail, Inc., 892 P.2d 367 (Colo. Ct. App. 1994).
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James H. Moore & Assocs. Realty, Inc. v. Arrowhead at Vail, Inc., 892 P.2d 367 (Colo. Ct. App. 1994). · cites it 3× “Section 38-10-108, C.R.S. (Repl.Vol. 16A).”
Dolton v. Capitol Fed. Sav. & Loan Ass'n, 642 P.2d 21 (Colo. Ct. App. 1981). · cites it 3× “Section 38-10-108, C.R.S. 1973. Hence, there was no error in granting summary judgment on defendants’ claim of tortious interference with a contractual relationship.”
Luttgen v. Fischer, 107 P.3d 1152 (Colo. Ct. App. 2005). · cites it 3× “Section 38-10-108, C.R.S.2004. Such a contract must identify the parties to the transaction, the terms and conditions, a description of the property, and the consideration.”
Grant v. People, 48 P.3d 543 (Colo. 2002). · cites it 2× “(2001)(a will must be reduced to writing and signed by the testator); § 38-10-108, 10 C.R.S. (2001)(contracts for interest in land must be evidenced by signed memorandum).”
Jarnagin v. Busby, Inc., 867 P.2d 63 (Colo. Ct. App. 1993). · cites it 4× “Busby also asserts that the trial court erred in finding that, because of his alleged breach of a fiduciary duty arising from a confidential relationship between him and plaintiffs, the oral agreement found to exist could be enforced without regard to the statute of frauds set…”
L.U. Cattle Co. v. Wilson, 714 P.2d 1344 (Colo. Ct. App. 1986). · cites it 3× “The next question to be resolved concerns the enforceability of the lease. Colorado’s statute of frauds provides that contracts for the leasing of lands for periods longer than a year, or notes or memo-randa thereof, are void unless in writing and subscribed by the lessor.”
Buckles Mgmt., LLC v. Investordigs, LLC, 728 F. Supp. 2d 1145 (D. Colo. 2010). · cites it 5× “Colo. Rev.Stat. § 38-10-108 (providing that “[e]very contract for the leasing for a longer period than one year is void unless the contract or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party by whom the lease .”
Carder, Inc. v. Cash, 97 P.3d 174 (Colo. Ct. App. 2004). · cites it 2× “Thus, it comports with the requirements of § 38-10-108, C.R.S.2003. Further, §§ 38-42-101 and 38-42-102, C.”
State, Dep't of Health v. Mill, 887 P.2d 993 (Colo. 1994). · cites it 2× “For example, we apply the statute of frauds to interests in real property but not to interests in personal property (§ 38-10-108, 16A C.R.S. (1963)) and specific performance is generally directed in contracts concerning the sale of land but not in contracts concerning personal…”
Schreck v. T & C Sanderson Farms, Inc., 37 P.3d 510 (Colo. Ct. App. 2001). · cites it 2× “See § 38-10-108, C.R.S.2001; Shull v. Sexton, 154 Colo.”
Higbie v. Johnson, 626 P.2d 1147 (Colo. Ct. App. 1980). · cites it 4× “The escrow funds were to be divided equally between the two, with the balances of the judgments to be reduced accordingly. *1149 I. On appeal, Johnson first contends that the court erred in finding that the August 1976 agreement constituted a binding contract.”
Crandell v. Resley, 804 P.2d 272 (Colo. Ct. App. 1990). · cites it 5× “The trial court granted defendants’ motion for partial summary judgment and denied plaintiff’s quiet title claim, ruling that the alleged oral contract for real property was unenforceable as a matter of law pursuant to § 38-10-108, C.R.S. (1982 Repl. Vol. 16A).”
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