2021 Georgia Code
Title 13 - Contracts
Chapter 5 - Defenses
Article 2 - Statute of Frauds
§ 13-5-30. Agreements Required to Be in Writing

1. To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him or her:
   1. A promise by a conservator, guardian, personal representative, or trustee to answer damages out of his or her own estate;
   2. A promise to answer for the debt, default, or miscarriage of another;
   3. Any agreement made upon consideration of marriage;
   4. Any contract for sale of lands, or any interest in, or concerning lands;
   5. Any agreement that is not to be performed within one year from the making thereof;
   6. Any promise to revive a debt barred by a statute of limitation; and
   7. Any commitment to lend money.
2. Any agreement to modify, alter, cancel, repeal, revoke, release, or rescind a promise, agreement, contract, or commitment provided for in subsection (a) of this Code section must be in writing and signed by all parties to such agreement; provided, however, that if the party against whom enforcement of such agreement under this subsection is sought admits in a pleading, in testimony, or otherwise in court that the agreement was made, then such agreement is enforceable if valid in all other respects.

(29 Car. II, c. 3, Cobb's 1851 Digest, p. 1127; Ga. L. 1851-52, p. 243, § 1; Ga. L. 1855-56, p. 233, § 25; Ga. L. 1855-56, p. 238, § 1; Code 1863, § 1952; Code 1868, § 1940; Code 1873, § 1950; Ga. L. 1880-81, p. 62, § 1; Code 1882, § 1950; Civil Code 1895, § 2693; Civil Code 1910, § 3222; Code 1933, § 20-401; Ga. L. 1962, p. 156, § 1; Ga. L. 1988, p. 403, § 1; Ga. L. 2018, p. 155, § 2-2/HB 190; Ga. L. 2019, p. 782, § 1/SB 37; Ga. L. 2020, p. 377, § 2-13/HB 865.)

The 2018 amendment, effective July 1, 2018, inserted "or her" at the end of the introductory paragraph and near the end of paragraph (1) and deleted ", except marriage articles as provided in Article 3 of Chapter 3 of Title 19" following "marriage" at the end of paragraph (3).

The 2019 amendment, effective July 1, 2019, designated the existing provisions of this Code section as subsection (a) and added subsection (b).

The 2020 amendment, effective January 1, 2021, substituted "a conservator, guardian, personal representative," for "an executor, administrator, guardian," in paragraph (a)(1) and deleted a comma following "otherwise in court" in subsection (b).

- Parol contract between employer and overseer, § 10-6-121.

Limitation of recovery on parol contracts for sale of personal property, § 11-1-206.

Requirement of writing to support contract for sale of goods for price of $500.00 or more, § 11-2-201.

When part performance removes agreement from operation of this section, § 13-5-31.

Validity of parol contracts creating landlord and tenant relationship, § 44-7-2.

- For article discussing options to purchase realty in Georgia, with respect to the statute of frauds, see 8 Ga. St. B.J. 229 (1971). For article discussing the advantages of contract rescission as a remedy for fraud, with respect to the parol evidence rule and the statute of frauds, in light of City Dodge, Inc. v. Gardner, 232 Ga. 766, 208 S.E.2d 794 (1974), see 11 Ga. St. B.J. 172 (1975). For article, "Promissory Estoppel and the Georgia Statute of Frauds," see 15 Ga. L. Rev. 204 (1980). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B.J. 24 (1985). For annual survey of law of contracts, see 38 Mercer L. Rev. 107 (1986). For annual survey article on commercial law, see 50 Mercer L. Rev. 193 (1998). For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003). For survey article on real property law, see 60 Mercer L. Rev. 345 (2008). For article, "The Cost of Consent: Optimal Standardization in the Law of Contract," see 58 Emory L.J. 1401 (2009). For annual survey on business associations, see 70 Mercer L. Rev. 19 (2018). For note discussing statute of frauds considerations relating to the finance clause in realty sales contracts, see 8 Ga. St. B.J. 118 (1971). For note questioning the applicability of the statute of frauds to the facts in the case of Thomas v. Harris, 127 Ga. App. 361, 193 S.E.2d 260 (1972), appearing below, see 8 Ga. L. Rev. 186 (1973). For comment on Baxley Hdwe. Co. v. Morris, 165 Ga. 359, 140 S.E. 869 (1927), see 1 Ga. L. Rev. No. 3 P. 51 (1927). For comment on Cohen v. Pullman Co., 243 F.2d 725 (5th Cir. 1957), holding that an oral agreement to sell land which is unenforceable because of the statute of frauds cannot be the basis for recovery of damages in fraud and deceit as the purpose of the statute of frauds is to prevent persons from being liable for nonperformance of such claimed promises, see 20 Ga. B.J. 427 (1958). For comment, "Boats Against the Current: The Courts and the Statute of Frauds," see 47 Emory L.J. 253 (1998).

ANALYSIS

• General Consideration
• Writing Requirement Generally
• Promises to Answer for Debts of Another
• Agreements Made in Consideration of Marriage
• Contracts Transferring Interests in Land
• Agreements Not to Be Performed Within One Year
• Promises to Revive Debts Barred by Statutes of Limitations
• Commitment to Lend Money
• Agreements Involving Insurance
• Effect of Full or Part Performance
• Pleadings and Practice

OPINIONS OF THE ATTORNEY GENERAL

Distinction between easements and licenses.

- There is a distinction between a privilege or easement, carrying interest in land, which requires writing within statute of frauds to support the privilege of easement, and license which gives authority to do particular act or series of acts upon land of another for purpose of improvement only, without possessing any estate therein; such license is not within statute. 1958-59 Op. Att'y Gen. p. 285.

RESEARCH REFERENCES

Am. Jur. 2d.

- 28 Am. Jur. 2d, Executors and Administrators, §§ 194, 216, 319. 67 Am. Jur. 2d, Sales, § 97 et seq. 72 Am. Jur. 2d, Statute of Frauds, §§ 4, 10 et seq., 49 et seq., 113, 124 et seq. 73 Am. Jur. 2d, Statute of Frauds, §§ 459, 463. 77 Am. Jur. 2d, Vendor and Purchaser, §§ 3, 4.

23 Am. Jur. Pleading and Practice Forms, Statute of Frauds, § 2.

Damages for Brach of Contract to Lend Money, 41 POF2d 337.

- 17 C.J.S., Contracts, §§ 4, 71. 17A C.J.S., Contracts, § 331.

- Validity and effect of oral agreement in alternative, one of the alternatives being within the statute of frauds, 13 A.L.R. 271.

Contracts relating to corporate stock as within provisions of statute of frauds dealing with sales of goods, etc., 14 A.L.R. 394; 59 A.L.R. 597.

Oral contracts of insurance, 15 A.L.R. 995; 69 A.L.R. 559; 92 A.L.R. 232.

Applicability of statute of frauds to joint adventure or partnership to deal in real estate, 18 A.L.R. 484; 95 A.L.R. 1242; 128 A.L.R. 1520.

Check or note as memorandum satisfying statute of frauds, 20 A.L.R. 363; 153 A.L.R. 1112.

Signing of contract by agent of undisclosed principal as satisfying statute of frauds, 23 A.L.R. 932; 138 A.L.R. 330.

Re-exchange: rate or date at which exchange is to be computed, 27 A.L.R. 1189.

Name of principal or of authorized agent, in body of instrument, as satisfying statute of frauds where transaction was not conducted by him, 28 A.L.R. 1114.

Effect of statute of frauds upon the right to modify by subsequent parol agreement, a written contract required by the statute to be in writing, 29 A.L.R. 1095; 80 A.L.R. 539; 118 A.L.R. 1511.

Trade custom or usage to explain or supply essential terms in writing required by statute of frauds (or Sales Act) in sale of goods, 29 A.L.R. 1218.

Necessity of statement in writing of consideration or price for sale of goods or choses in action in order to satisfy statute of frauds, 30 A.L.R. 1163; 59 A.L.R. 1422.

Agreement to release, discharge, or assign real estate mortgage as within statute of frauds, 32 A.L.R. 874.

Character and extent of improvements necessary to constitute part performance, 33 A.L.R. 1489.

Acceptance which will satisfy statute of frauds where purchaser of goods is in possession at time of sale, 36 A.L.R. 649; 111 A.L.R. 1312.

Statute of frauds as affecting agreement with subpurchaser of realty, 38 A.L.R. 1348.

Accepting paid employment or remaining in such employment as part performance which will take oral contract to convey or devise real property out of statute of frauds, 40 A.L.R. 223.

Sale or contract for sale of standing timber as within provisions of statute of frauds respecting sale of contract of sale of real property, 7 A.L.R.2d 517.

Sufficiency of memorandum of lease agreement to satisfy the statute of frauds, as regards terms and conditions of lease, 16 A.L.R.2d 621.

Sufficiency of description or designation of land in contract or memorandum of sale, under statute of frauds, 23 A.L.R.2d 6.

Necessity and sufficiency of statement of consideration in contract or memorandum of sale of land, under statute of frauds, 23 A.L.R.2d 164.

Construction and effect of exception making the statute of frauds provision inapplicable where goods are manufactured by seller for buyer, 25 A.L.R.2d 672.

Rights of parties under oral agreement to buy or bid in land for another, 27 A.L.R.2d 1285.

Oral contract for personal services so long as employee is able to continue in work, to do satisfactory work, or the like, as within statute of frauds relating to contracts not to be performed within year, 28 A.L.R.2d 878.

Validity of oral promise or agreement not to revoke will, 29 A.L.R.2d 1229.

Effect of attempted cancelation or erasure in memorandum otherwise sufficient to satisfy statute of frauds, 31 A.L.R.2d 1112.

Statute of frauds: promise by stockholder, officer, or director to pay debt of corporation, 35 A.L.R.2d 906.

Agreement between brokers as within statute requiring agreements for commissions for the sale of real estate to be in writing, 44 A.L.R.2d 741.

Sufficiency, under the statute of frauds, of description or designation of land in contract or memorandum of sale which gives right to select the tract to be conveyed, 46 A.L.R.2d 894.

Joint adventure agreement for acquisition, development, or sale of land as within provision of statute of frauds governing broker's agreement for commission on real-estate sale, 48 A.L.R.2d 1042.

Contract to support, maintain, or educate a child as within provision of statute of frauds relating to contracts not to be performed within a year, 49 A.L.R.2d 1293.

Employee's rights with respect to compensation or bonus where he continues in employer's service after expiration of contract for definite term, 53 A.L.R.2d 384.

Applicability of statute of frauds to promise to pay for medical, dental, or hospital services furnished to another, 64 A.L.R.2d 1071.

What constitutes promise made in or upon consideration of marriage within statute of frauds, 75 A.L.R.2d 633.

Enforceability, under statute of frauds provision as to contracts not to be performed within a year, or oral employment contract for more than one year but specifically made terminable upon death of either party, 88 A.L.R.2d 701.

Statute of frauds: will or instrument in form of will as sufficient memorandum of contract to devise or bequeath, 94 A.L.R.2d 921.

Applicability of parol evidence rule in favor of or against one not a party to contract of release, 13 A.L.R.3d 313.

Landlord's liability for damage to tenant's property caused by water, 35 A.L.R.3d 143.

Applicability of statute of frauds to agreement to rescind contract for sale of land, 42 A.L.R.3d 242.

Statute of frauds: validity of lease or sublease subscribed by one of the parties only, 46 A.L.R.3d 619.

Enforcement of antenuptial contract or settlement conditioned upon marriage, where marriage was subsequently declared void, 46 A.L.R.3d 1403.

Action by employee in reliance on employment contract which violates statute of frauds as rendering contract enforceable, 54 A.L.R.3d 715.

Right of owner to recover for work or material expended on his own real property in reliance upon a void or unenforceable contract for its rental or sale, 64 A.L.R.3d 1191.

Spouse's secret intention not to abide by written antenuptial agreement relating to financial matters as ground for annulment, 66 A.L.R.3d 1282.

Application of parol evidence rule in action on contract for architect's services, 69 A.L.R.3d 1353.

Construction and application of UCC § 2-201(3)(c) rendering contract of sale enforceable notwithstanding statute of frauds with respect to goods for which payment has been made and accepted or which have been received and accepted, 97 A.L.R.3d 908.

Check given in land transaction as sufficient writing to satisfy statute of frauds, 9 A.L.R.4th 1009.

Promise by one other than principal to indemnify one agreeing to become surety or guarantor as within statute of frauds, 13 A.L.R.4th 1153.

Oil and gas royalty as real or personal property, 56 A.L.R.4th 539.

Separation agreements: enforceability of provision affecting property rights upon death of one party prior to final judgment of divorce, 67 A.L.R.4th 237.

Applicability of statute of frauds to promise to pay for legal services furnished to another, 84 A.L.R.4th 994.

Promissory estoppel of lending institution based on promise to lend money, 18 A.L.R.5th 307.

Satisfaction of statute of frauds by e-mail, 110 A.L.R.5th 277.

Sufficiency of description of terms and conditions of lease, or lease provision, so as to comply with statute of frauds, 12 A.L.R.6th 123.