Illinois Compiled Statutes
740 ILCS 80/2 (2026)
No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments or any interest in or concerning them, for a longer term than one year, unless such contract or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized in writing, signed by such party
✓ current as of May 2026
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(740 ILCS 80/2)
(from Ch. 59, par. 2)
Sec. 2.
No action shall be brought to charge any person upon any contract
for the sale of lands, tenements or hereditaments or any interest in or
concerning them, for a longer term than one year, unless such contract or
some memorandum or note thereof shall be in writing, and signed by the
party to be charged therewith, or some other person thereunto by him
lawfully authorized in writing, signed by such party. This section shall
not apply to sales for the enforcement of a judgment for the payment of
money or sales by any officer or person pursuant to a
judgment or order of any court in this State.
(Source: P.A. 83-346.)
Notes of Decisions
Cited in 40
cases (7 in the last 5 years), 1994–2026 · leading case: DeWitt v. Fleming, 828 N.E.2d 756 (Ill. App. Ct. 2005).
DeWitt v. Fleming, 828 N.E.2d 756 (Ill. App. Ct. 2005). “On September 11, 2003, the defendant filed a motion to dismiss the plaintiffs' complaint, based upon the statute of frauds (740 ILCS 80/2 (West 2002)). The defendant argued that the complaint was "based upon a verbal agreement to sell real estate.”
Crawley v. Hathaway, 721 N.E.2d 1208 (Ill. App. Ct. 1999). “In January 1999, after the parties had engaged in discovery, Hathaway filed a motion for summary judgment, alleging section 2 of the Frauds Act (740 ILCS 80/2 (West 1998)), often referred to as the "Statute of Frauds," as a defense.”
Roti v. Roti, 845 N.E.2d 892 (Ill. App. Ct. 2006). “The trial court dismissed the complaint, holding that the Frauds Act (740 ILCS 80/2 (West 1996)) barred the claim because Michael sought an interest in lands without a signed contract to support the claim.”
Gagnon v. Schickel, 2012 IL App (1st) 120645 (Ill. App. Ct. 2012). “See 740 ILCS 80/2 (West 2010). The plaintiff attempts to overcome this hurdle by alleging that he “fully performed all of his obligations pursuant to the Joint Venture and the [a]greement” and, thus, that the performance exception to the statute of frauds is applicable to permit…”
Anderson v. Kohler, 922 N.E.2d 8 (Ill. App. Ct. 2009). “Defendants raised section 2 of the Frauds Act (statute of frauds) (740 ILCS 80/2 (West 2006)) as an affirmative defense; defendants asserted that any agreement for the sale of the airstrip was never reduced to writing and thus was unenforceable.”
Roth v. Dillavou, 835 N.E.2d 425 (Ill. App. Ct. 2005). “We also reject Teal's argument that, unless there exists another writing satisfying the Frauds Act (740 ILCS 80/2 (West 2002)), her obligation as guarantor ended upon the expiration of the original lease term.”
Crawford v. Belhaven Realty LLC, 109 N.E.3d 763 (Ill. App. Ct. 2018). “Extrinsic evidence is needed to establish that Crawford obtained a judgment against Guadalupe and therefore has a right to sue on the contract.”
Hubble v. O'CONNOR, 684 N.E.2d 816 (Ill. App. Ct. 1997). “We now turn to purchasers’ invocation of the Statute of Frauds (740 ILCS 80/2 (West 1994)) as a defense to sellers’ contract claims.”
Vuagniaux v. Korte, 652 N.E.2d 840 (Ill. App. Ct. 1995). “2 (now 740 ILCS 80/2 (West 1992))) barred enforcement of the contract against the City.”
Cain v. Cross, 687 N.E.2d 1141 (Ill. App. Ct. 1997). “Cross moved to dismiss, pursuant to section 2 — 619(a)(7) of the Code of Civil Procedure (735 ILCS 5/2 — 619(a)(7) (West 1996)), claiming that the alleged agreement for the sale of land was unenforceable pursuant to the provisions of the statute of frauds (740 ILCS 80/2 (West…”
Bradley Real Est. Trust v. Dolan Assocs. Ltd., 640 N.E.2d 9 (Ill. App. Ct. 1994). “Section 2 of the Frauds Act, also known as the statute of frauds, states in pertinent part: "No action shall be brought to charge any person upon a contract for the sale of lands *** unless such contract or some memorandum or note thereof shall be in writing, and signed by the…”
United Cmty. Bank v. Prairie State Bank & Trust, 2012 IL App (4th) 110973 (Ill. App. Ct. 2012). “See 740 ILCS 80/2 (West 2010) (“No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments or any interest in or concerning them, for a longer term than one year, unless such contract or some memorandum or note thereof…”
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