(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
(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
(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.
(2) Evidence of an agreement described in subsections (1)(a) through (1)(d) 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
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