Mont. Code Ann. » TITLE 28. CONTRACTS AND OTHER OBLIGATIONS · CHAPTER 2. CONTRACTS · Part 9. Written Contracts
Montana Code Annotated

Mont. Code Ann. § 28-2-903 (2026)

What Contracts Must Be In Writing

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 28
  3. CHAPTER 2
  4. Part 9
  5. 28-2-903 What contracts must be in writing

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 2. CONTRACTS

Part 9. Written Contracts

What Contracts Must Be In Writing

28-2-903. What contracts must be in writing. (1) The following agreements are invalid unless the agreement or some note or memorandum of the agreement is in writing and subscribed by the party to be charged or the party's agent:

(a) an agreement that by its terms is not to be performed within a year from the making of the agreement;

(b) a special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in 28-11-105;

(c) an agreement made upon consideration of marriage other than a mutual promise to marry;

(d) an agreement for the leasing for a longer period than 1 year or for the sale of real property or of an interest in real property. The agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing and subscribed by the party sought to be charged.

(e) an agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; or

(f) an agreement relating to a college athlete's student-athlete rights, as defined in 20-1-232, including but not limited to a student's name, image, and likeness.

(2) Evidence of an agreement described in subsections (1)(a) through (1)(f) is not admissible without the writing or secondary evidence of the writing's contents.

(3) Evidence is not admissible to charge a person upon a representation as to the credit of a third person unless the representation or some memorandum of the representation is in writing and either subscribed by or in the handwriting of the party to be charged.

(4) Subsections (1) and (2) do not apply to agreements subject to the Uniform Commercial Code.

History: (1)Subds. a to c; en. Secs. 12 to 14, p. 494, Bannack Stat.; re-en. Secs. 12 to 14, pp. 393, 394, Cod. Stat. 1871; re-en. Secs. 166 to 168, 5th Div. Rev. Stat. 1879; re-en. Secs. 223 to 225, 5th Div. Comp. Stat. 1887; amd. Sec. 2185, Civ. C. 1895; re-en. Sec. 5017, Rev. C. 1907; Subd. d; en. Sec. 8., p. 493, Bannack Stat.; re-en. Sec. 8, p. 393, Cod. Stat. 1871; re-en. Sec. 162, 5th Div. Rev. Stat. 1879; re-en. Sec. 219, 5th Div. Comp. Stat. 1887; amd. Sec. 2185, Civ. C. 1895; re-en. Sec. 5017, Rev. C. 1907; Subd. e; en. Sec. 2185, Civ. C. 1895; re-en. Sec. 5017, Rev. C. 1907; all subdivisions re-en. Sec. 7519, R.C.M. 1921; Cal. Civ. C. Sec. 1624; re-en. Sec. 7519, R.C.M. 1935; amd. Sec. 11-110, Ch. 264, L. 1963; Sec. 13-606, R.C.M. 1947; (2), (4)En. Sec. 3276, C. Civ. Proc. 1895; re-en. Sec. 7969, Rev. C. 1907; re-en. Sec. 10613, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1973; re-en. Sec. 10613, R.C.M. 1935; amd. Sec. 11-171, Ch. 264, L. 1963; Sec. 93-1401-7, R.C.M. 1947; (3)En. Sec. 3277, C. Civ. Proc. 1895; re-en. Sec. 7970, Rev. C. 1907; re-en. Sec. 10614, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1974; re-en. Sec. 10614, R.C.M. 1935; Sec. 93-1401-8, R.C.M. 1947; R.C.M. 1947, 13-606, 93-1401-7, 93-1401-8; amd. Sec. 21, Ch. 117, L. 1979; amd. Sec. 786, Ch. 56, L. 2009; amd. Sec. 2, Ch. 407, L. 2025.

Notes of Decisions
Cited in 63 cases (2 in the last 5 years), 1979–2025 · leading case: Kluver v. PPL Montana, LLC, 2012 MT 321 (Mont. 2012).
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Kluver v. PPL Montana, LLC, 2012 MT 321 (Mont. 2012). · cites it 58× “The statute of frauds is codified in §§ 28-2-903 and 70-20-101, MCA. Pursuant to § 28-2-903(1)(d), MCA, “an agreement for the leasing for a longer period than 1 year or for the sale of real property .”
Beaverhead Bar Supply, Inc. v. Harrington, 805 P.2d 560 (Mont. 1991). · cites it 14× “In its order granting summary judgment, the District Court concluded that there existed a “vague, indefinite, and uncertain,” type of relationship between the parties, but that no contract existed between them. Consequently, the court found no implied covenant of good faith and…”
Bradley v. Crow Tribe of Indians, 2003 MT 82 (Mont. 2003). · cites it 8× “District Court err when it dismissed Bradley's claim based on its conclusion that the Tribe had not unequivocally waived its immunity from suit in state court? ¶ 14 The District Court recognized the contractual relationship between Bradley and the Tribe; however, it concluded…”
Erler v. Creative Fin. & Investments, L.L.C., 2009 MT 36 (Mont. 2009). · cites it 6× “Section 70-20-101, MCA. Further, if an agreement to sell property is to be executed by an agent of the party, the agent’s authority must also be evidenced in writing.”
Zier v. Lewis, 2009 MT 266 (Mont. 2009). · cites it 9× “Sections 28-2-903 and 30-11-111, MCA; Austin v.”
Brimstone Mining, Inc. v. Glaus, 2003 MT 236 (Mont. 2003). · cites it 4× “See § 28-2-903, MCA. Therefore, the District Court also erred in automatically applying this rule as well, without stating a basis.”
Hinebaugh v. McRae, 2011 MT 270 (Mont. 2011). · cites it 6× “” Section 28-2-903(1), MCA. It is undisputed that there was no signed written contract between the parties for the extended lease or the sale of the real property or an interest therein.”
Ryckman v. Wildwood, Inc., 641 P.2d 467 (Mont. 1982). · cites it 12× “Defendant further *157 alleged that plaintiffs’ claim was barred by the statute of frauds, section 28-2-903, MCA, and alleged that plaintiffs did not have standing to maintain an action for a broker’s commission pursuant to section 37-51-401, MCA.”
Hillstrom v. Gosnay, 614 P.2d 466 (Mont. 1980). · cites it 8× “” Section 28-2-903, MCA. Villano is the party sought to be charged in this particular suit and the person who must have subscribed a written note or memorandum under the statute of frauds.”
Morton v. Lanier, 2002 MT 214 (Mont. 2002). · cites it 5× “¶16 The Statute of Frauds is codified at § 28-2-903, MCA, and § 70-20-101, MCA. Section 28-2-903(l)(d), MCA, provides that “an agreement .”
Rettig v. Kallevig, 936 P.2d 807 (Mont. 1997). · cites it 6× “See §§ 28-2-903, XX-XX-XXX and XX-XX-XXX, MCA; Palin v.”
Andersen v. Schenk, 2009 MT 399 (Mont. 2009). · cites it 12× “The problem is that Schenk’s alleged promise to pay this commission was not made in writing, and Schenk thus asserted the statute of frauds (§ 28-2-903, MCA) as a defense to Andersen’s claim.”
Show all 63 citing cases →
Mont. Code Ann. § 28-2-903(1): 7 cases
Bradley v. Crow Tribe of Indians, 2003 MT 82 (Mont. 2003). “District Court err when it dismissed Bradley's claim based on its conclusion that the Tribe had not unequivocally waived its immunity from suit in state court? ¶ 14 The District Court recognized the contractual relationship between Bradley and the Tribe; however, it concluded…”
Hinebaugh v. McRae, 2011 MT 270 (Mont. 2011). “” Section 28-2-903(1), MCA. It is undisputed that there was no signed written contract between the parties for the extended lease or the sale of the real property or an interest therein.”
Andersen v. Schenk, 2009 MT 399 (Mont. 2009). “The problem is that Schenk’s alleged promise to pay this commission was not made in writing, and Schenk thus asserted the statute of frauds (§ 28-2-903, MCA) as a defense to Andersen’s claim.”
Taylor v. Weingart, 693 P.2d 1231 (Mont. 1985).
Andersen v. Schenk, 2009 MT 399 (Mont. 2009).
Mont. Code Ann. § 28-2-903(1)(a): 6 cases
State Bank of Townsend v. Maryann's, Inc., 664 P.2d 295 (Mont. 1983).
Scott v. Eagle Watch Investments, Inc., 828 P.2d 1346 (Mont. 1991).
Moore v. Adolph, 789 P.2d 1239 (Mont. 1990).
Superior Auto Body v. Yeager, 2015 MT 152N (Mont. 2015).
B-Bar Tavern Inc. v. Prairie Mountain Bank (In re B-Bar Tavern Inc.), 506 B.R. 879 (Bankr. D. Mont. 2013).
Mont. Code Ann. § 28-2-903(1)(d): 11 cases
Kluver v. PPL Montana, LLC, 2012 MT 321 (Mont. 2012). “The statute of frauds is codified in §§ 28-2-903 and 70-20-101, MCA. Pursuant to § 28-2-903(1)(d), MCA, “an agreement for the leasing for a longer period than 1 year or for the sale of real property .”
Wagner v. MSE Tech. Applications, Inc., 2016 MT 215 (Mont. 2016).
Bolz v. Myers, 651 P.2d 606 (Mont. 1982).
Rettig v. Kallevig, 936 P.2d 807 (Mont. 1997). “See §§ 28-2-903, XX-XX-XXX and XX-XX-XXX, MCA; Palin v.”
Dew v. Dower, 774 P.2d 989 (Mont. 1989).
Mont. Code Ann. § 28-2-903(1)(e): 2 cases
Cook v. Harrington, 661 P.2d 1287 (Mont. 1983).
Andersen v. Schenk, 2009 MT 399 (Mont. 2009).
Mont. Code Ann. § 28-2-903(2): 1 case
Beaverhead Bar Supply, Inc. v. Harrington, 805 P.2d 560 (Mont. 1991). “In its order granting summary judgment, the District Court concluded that there existed a “vague, indefinite, and uncertain,” type of relationship between the parties, but that no contract existed between them. Consequently, the court found no implied covenant of good faith and…”
Mont. Code Ann. § 28-2-903(a): 2 cases
Kartes v. Kartes, 636 P.2d 272 (Mont. 1981).
Marriage of Williams, 2020 MT 266N (Mont. 2020).
Mont. Code Ann. § 28-2-903(b): 1 case
Vencor v. Gray, 2003 MT 24N (Mont. 2003).
Mont. Code Ann. § 28-2-903(d): 2 cases
Silva v. McGuinness, 615 P.2d 879 (Mont. 1980).
Kartes v. Kartes, 636 P.2d 272 (Mont. 1981).
Mont. Code Ann. § 28-2-903(i)(a): 1 case
Beaverhead Bar Supply, Inc. v. Harrington, 805 P.2d 560 (Mont. 1991). “In its order granting summary judgment, the District Court concluded that there existed a “vague, indefinite, and uncertain,” type of relationship between the parties, but that no contract existed between them. Consequently, the court found no implied covenant of good faith and…”
Mont. Code Ann. § 28-2-903(l): 1 case
Taylor v. Weingart (Mont. 1984).
Mont. Code Ann. § 28-2-903(l)(a): 2 cases
Beaverhead Bar Supply, Inc. v. Harrington, 805 P.2d 560 (Mont. 1991). “In its order granting summary judgment, the District Court concluded that there existed a “vague, indefinite, and uncertain,” type of relationship between the parties, but that no contract existed between them. Consequently, the court found no implied covenant of good faith and…”
Gatzke v. Christian (In Re Gatzke), 365 B.R. 138 (Bankr. D. Mont. 2007).
Mont. Code Ann. § 28-2-903(l)(b): 2 cases
Phil-Co Feeds, Inc. v. First Nat'l Bank, 777 P.2d 1306 (Mont. 1989).
B-Bar Tavern Inc. v. Prairie Mountain Bank (In re B-Bar Tavern Inc.), 506 B.R. 879 (Bankr. D. Mont. 2013).
Mont. Code Ann. § 28-2-903(l)(d): 12 cases
Kluver v. PPL Montana, LLC, 2012 MT 321 (Mont. 2012). “The statute of frauds is codified in §§ 28-2-903 and 70-20-101, MCA. Pursuant to § 28-2-903(1)(d), MCA, “an agreement for the leasing for a longer period than 1 year or for the sale of real property .”
Erler v. Creative Fin. & Investments, L.L.C., 2009 MT 36 (Mont. 2009). “Section 70-20-101, MCA. Further, if an agreement to sell property is to be executed by an agent of the party, the agent’s authority must also be evidenced in writing.”
Zier v. Lewis, 2009 MT 266 (Mont. 2009). “Sections 28-2-903 and 30-11-111, MCA; Austin v.”
Morton v. Lanier, 2002 MT 214 (Mont. 2002). “¶16 The Statute of Frauds is codified at § 28-2-903, MCA, and § 70-20-101, MCA. Section 28-2-903(l)(d), MCA, provides that “an agreement .”
Yockey v. Kearns Props., LLC, 2005 MT 27 (Mont. 2005).
Mont. Code Ann. § 28-2-903(l)(e): 3 cases
Andersen v. Schenk, 2009 MT 399 (Mont. 2009). “The problem is that Schenk’s alleged promise to pay this commission was not made in writing, and Schenk thus asserted the statute of frauds (§ 28-2-903, MCA) as a defense to Andersen’s claim.”
Taylor v. Weingart, 693 P.2d 1231 (Mont. 1985).
Kraft v. Hodson, 836 P.2d 1234 (Mont. 1992).
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