Revised Statutes of 1846
R.S. of 1846
566.108 Statute of frauds; contract for interest in lands other than one year lease; sales at auction.
Sec. 8.
Every contract for the leasing for a longer period than 1 year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof be in writing, and signed by the party by whom the lease or sale is to be made, or by some person thereunto by him lawfully authorized in writing: Provided, That whenever any lands or interest in lands shall be sold at public auction and the auctioneer or the clerk of the auction at the time of the sale enters in a sale book a memorandum specifying the description and price of the land sold and the name of the purchaser, such memorandum, together with the auction bills, catalog or written or printed notice of sale containing the name of the person on whose account the sale is made and the terms of sale, shall be deemed a memorandum of the contract of sale within the meaning of this section.
History: R.S. 1846, Ch. 80 ;-- CL 1857, 3179 ;-- CL 1871, 4694 ;-- How. 6181 ;-- CL 1897, 9511 ;-- CL 1915, 11977 ;-- Am. 1917, Act 83, Eff. Aug. 10, 1917 ;-- CL 1929, 13413 ;-- CL 1948, 566.108
Notes of Decisions
Cited in
128
cases (
23 in the last 5 years), 1950–2025 · leading case:
Zaher v. Miotke, 832 N.W.2d 266 (Mich. Ct. App. 2013).
Zaher v. Miotke, 832 N.W.2d 266 (Mich. Ct. App. 2013).
· cites it 6× “106 and MCL 566.108, an easement is the transfer of a property interest and must be made in writing and signed by everyone with an interest in the property.”
Kloian v. Domino's Pizza, LLC, 733 N.W.2d 766 (Mich. Ct. App. 2007).
· cites it 2× “” Since some statutes of frauds require an agreement “in writing and signed,” MCL 566.108 and 566.132, and others require a “writing, subscribed,” MCR 2.”
Zurcher v. Herveat, 605 N.W.2d 329 (Mich. Ct. App. 2000).
· cites it 4× “[MCL 566.108; MSA 26.908.] Simply put, therefore, a contract for the sale of land must, to survive a challenge under the statute of frauds, (1) be in writing and (2) be signed by the seller or someone lawfully authorized by the seller in writing.”
Jim-Bob, Inc v. Mehling, 443 N.W.2d 451 (Mich. Ct. App. 1989).
· cites it 3× “Additionally, MCL 566.108; MSA 26.908 provides in pertinent part: Every contract for the leasing for a longer period than 1 year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof be in writing, and…”
Zander v. Ogihara Corp., 540 N.W.2d 702 (Mich. Ct. App. 1995).
· cites it 4× “Defendant appeals as of right, asserting that the trial court erred in failing to dismiss plaintiffs’ complaint against defendant because the parties’ letter of intent regarding defendant’s future lease of plaintiffs’ commercial property did not satisfy the statute of frauds,…”
Blair v. Brownson, 197 S.W.3d 681 (Tenn. 2006).
“See Mich. Comp. Laws § 566.108 (1996); Minn.Stat.”
Kloss v. RBS Citizens, N.A., 996 F. Supp. 2d 574 (E.D. Mich. 2014).
· cites it 2× “See Mich. Comp. Laws § 566.108 . Finally, even if the agreement were alleged in the complaint, insofar as Plaintiffs allege the agreement was written, they have failed to attach the written agreement to any pleading submitted to the Court.”
Vittiglio v. Vittiglio, 297 Mich. App. 391 (Mich. Ct. App. 2012).
“Plaintiff argues that because this is not a domestic relations case pursuant to that definition, MCR 2.507(G) required that their binding settlement be made in writing or placed on the record in open court.”
Forge v. Smith, 580 N.W.2d 876 (Mich. 1998).
“] Every contract for the leasing for a longer period than 1 year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof be in writing, and signed by the party by whom the lease or sale is to be made, or by…”
Marina Bay Condos., Inc v. Schlegel, 423 N.W.2d 284 (Mich. Ct. App. 1988).
· cites it 2× “I agree that the purchase agreement was void pursuant to MCL 566.108; MSA 26.908 because it did not specify in writing the unit to be purchased or the price of that unit, two essential terms.”
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