Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 25. Evidence, Presumptions, and Privileges
- Section 10. Statute of Frauds.
previous: Chapter 25
. Evidence, Presumptions, and Privileges
next: Section 20
. Exceptions to Statute of Frauds.
AS 09.25.010. Statute of Frauds.
- (a) In the following cases and under the following conditions an agreement, promise, or undertaking is unenforceable
unless it or some note or memorandum of it is in writing and subscribed by the party charged or by an agent of that
- (1) an agreement that by its terms is not to be performed within a year from the making of it;
- (2) an agreement the performance of which is not to be completed by the end of a lifetime; this provision includes a
contract to bequeath property or make a testamentary disposition of any kind, a contract to assign or an assignment,
with or without consideration to the promisor, of a life or health or accident insurance policy, or a promise, with or
without consideration to the promisor, to name a beneficiary of that type of policy; but this provision does not
include an insurer's promise to issue a policy of insurance, or any promise or assignment with respect to a policy of
industrial life or health or accident insurance;
- (3) a special promise to answer for the debt of another;
- (4) an agreement by an executor or administrator to pay the debts of the testator or intestate out of the personal estate
of the executor or administrator;
- (5) an agreement made upon consideration of marriage other than mutual promises to marry;
- (6) an agreement for leasing for a longer period than one year, or for the sale of real property, or of any interest in
real property, or to charge or encumber real property;
- (7) an agreement concerning real property made by an agent of the party sought to be charged unless the authority of the
agent is in writing;
- (8) an agreement authorizing or employing an agent or broker to sell or purchase real estate for compensation or
commission; however, if the note or memorandum of the agreement is in writing, subscribed by the party to be charged or
by a lawfully authorized agent, contains a description of the property sufficient for identification, authorizes or
employs the agent or broker named in it to sell the property, and expresses with reasonable certainty the amount of the
commission or compensation to be paid the agent or broker, the agreement of authorization or employment is not
unenforceable for failure to state a consideration;
- (9) an agreement to establish a trust;
- (10) a subsequent or new promise to pay a debt discharged in bankruptcy;
- (11) a conveyance or assignment of a trust in personal property;
- (12) an agreement to pay compensation for services rendered in negotiating a loan, effecting the procurement of a business
opportunity, or the purchase and sale of a business, its good will, inventory, fixtures, or an interest in it,
including a majority of the voting stock interest in a corporation and including the creating of a partnership
interest, other than an agreement to pay compensation to an auctioneer or an attorney at law;
- (13) an agreement to lend more than $50,000 or to grant or extend credit of more than $50,000, if the loan or grant or
extension of credit is not primarily for personal, family, or household purposes and if the person who agrees to lend
or grant or extend credit is engaged in the business of lending or arranging for the lending of money or the granting
or extension of credit; in this paragraph a loan secured solely by residential property consisting of one to four
dwelling units is considered to be a loan primarily for personal, family, or household purposes.
- (b) No estate or interest in real property, other than a lease for a term not exceeding one year, nor any trust or power
concerning the property may be created, transferred, or declared, otherwise than by operation of law, or by a
conveyance or other instrument in writing subscribed by the party creating, transferring, or declaring it or by that
party's agent under written authority and executed with the formalities that are required by law. If the estate or
interest in real property is created, transferred, or declared to a nonresident alien or for the benefit of a
nonresident alien, the instrument shall so state and shall contain the name and address of the alien. This subsection
does not affect the power of a testator in the disposition of real property by will, nor prevent a trust's arising or
being extinguished by implication or operation of law, nor affect the power of a court to compel specific performance
of an agreement in relation to the property.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.