K.S.A. § 16-118

Requirements; failure to comply

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16-118. Requirements; failure to comply. (a) A debtor or a creditor may not maintain an action for legal or equitable relief or a defense, based in either case upon a failure to perform on an alleged credit agreement, unless the material terms and conditions of the agreement are in writing and signed by the creditor and the debtor.

(b) All credit agreements shall contain a clear, conspicuous and printed notice to the debtor that states that the written credit agreement is a final expression of the credit agreement between the creditor and debtor and such written credit agreement may not be contradicted by evidence of any prior oral credit agreement or of a contemporaneous oral credit agreement between the creditor and debtor. A written credit agreement shall contain a sufficient space for the placement of nonstandard terms, including the reduction to writing of a previous oral credit agreement and an affirmation, signed or initialed by the debtor and the creditor, that no unwritten oral credit agreement between the parties exists.

(c) Failure to comply with provisions of subsections (a) and (b) shall preclude an action or defense based on any of the following legal or equitable theories: (1) An implied agreement based on course of dealing or performance or on a fiduciary relationship; (2) promissory or equitable estoppel; (3) part performance; or (4) negligent representation.

History: L. 1988, ch. 55, § 2; L. 1989, ch. 70, § 2; L. 1998, ch. 56, § 2; July 1.

Notes of Decisions

Cited in 6 cases, 1997–2010 · leading case: Bittel v. Farm Credit Svcs. of Central Kansas, PCA

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Bittel v. Farm Credit Svcs. of Central Kansas, PCA (1998) kan · cites it 15× “16-117 and K.S.A. 16-118, relating to liability upon oral credit agreements.”

Sees v. Bank One, Indiana, N.A. (2005) ind · cites it 2× “" Kan. Stat. Ann. § 16-118 (a) (1998). For similarly worded statutes, see Col.”

Wilkinson v. Shoney's, Inc. (2000) kan “The central issue in Bittel was the application of K.S.A. 16-118 relating to credit agreements.”

Wells v. State Bank of Kingman (1997) kanctapp · cites it 4× “The trial court granted summary judgment in favor of the Bank, ruling that Wells’ claim was barred by the statute of frauds, K.S.A. 16-118. Wells appeals and we affirm.”

Cobank v. Reorganized Farmers Cooperative Ass'n (2006) ca10 “Similarly, the applicable Kansas statute of frauds states no debtor or creditor may maintain an action for legal or equitable relief or a defense based on failure to perform a credit agreement, unless the material terms and conditions of the agreement are in writing and signed…”

Bryant Manor, LLC v. Bank of America, N.A. (In Re Bryant Manor, LLC) (2010) ksb · cites it 12× “The Kansas Commercial Statute of Frauds is set forth in K.S.A. 16-118. According to K.S.A. 16 — 118(a), A debtor or a creditor may not maintain an action for legal or equitable relief or a defense, based in either case upon a failure to perform on an alleged credit agreement,…”

— K.S.A. § 16-118(a) — 2 cases

Bittel v. Farm Credit Svcs. of Central Kansas, PCA (1998) kan “16-117 and K.S.A. 16-118, relating to liability upon oral credit agreements.”

Wells v. State Bank of Kingman (1997) kanctapp “The trial court granted summary judgment in favor of the Bank, ruling that Wells’ claim was barred by the statute of frauds, K.S.A. 16-118. Wells appeals and we affirm.”

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