When Does a Contract Have to Be in Writing in Utah? The Statute of Frauds Explained
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah's statute of frauds, Utah Code § 25-5-4(1), these agreements are void unless the agreement, or some note or memorandum of it, is in writing and signed by the party to be charged: (a) any agreement that by its terms is not to be performed within one year of making; (b) any promise to answer for the debt, default or miscarriage of another (a guarantee); (c) agreements made in consideration of marriage (other than mutual promises to marry); (d) special promises by an executor or administrator to pay the decedent's debts from their own estate; (e) any agreement authorizing or employing an agent or broker to buy or sell real estate for compensation; and (f) every credit agreement with a financial institution. Many everyday contracts — such as a handshake agreement to mow a lawn or to do a short job — don't fall into those categories, but putting them in writing still prevents disputes.
Who this guide is for
Small business owners, freelancers, landlords, tenants, and anyone making a deal without a lawyer who wants to know when a written, signed contract is legally required and how to write a simple one.
The list in more detail (§ 25-5-4)
| Agreement | Written and signed required? |
|---|---|
| Cannot be performed within one year by its own terms (for example, a two-year service contract) | Yes |
| Guarantee of another's debt (co-signing, personal guarantee of a business loan) | Yes |
| Prenuptial or marriage-related agreements (other than promises to marry) | Yes |
| Executor or administrator's personal promise to pay estate debts | Yes |
| Real estate broker or agent employment agreements | Yes |
| Credit agreements with a bank, credit union or similar | Yes — in writing, expressing consideration, stating terms and conditions, and signed by the party to be charged; a signed application can count |
Some agreements fall under other statutes that have their own writing rules (for example, real estate sale contracts, leases of certain lengths and sales of goods). See Utah Lease Agreement Requirements and Utah Prenuptial Agreements.
"Signed by the party to be charged"
The writing must be signed by the person you're trying to hold to the deal — not necessarily both sides. A "note or memorandum" can be enough: emails and texts may qualify as writings in some circumstances, but whether a given message is a sufficient signed memorandum is a legal question, so don't rely on informal messages when you can sign a clear document.
Why write it down even if not required
An oral agreement may be valid but is hard to prove. In a small claims case or court case you'll need evidence of the deal, the price, the scope and the deadlines. See Utah Small Claims Evidence and Unpaid Invoice Small Claims in Utah.
A simple contract checklist
- Names and contact information of everyone involved (use the legal business name; see Utah DBA Registration).
- What will be done or delivered, with measurable details.
- Price and payment terms — deposits, due dates, late fees you actually intend to charge.
- Start and end dates or how long it lasts and how it can be ended.
- Changes — require changes to be in writing.
- What happens if something goes wrong — a cure period, refunds, who pays for rework.
- Who owns the work (for creative or design projects).
- How disputes are handled — for example, mediation first. Free or low-cost mediation exists. See How to Find Free or Low-Cost Legal Help in Utah.
- Signatures and dates for each party.
Personal guarantees
If you're asked to guarantee someone else's business debt, § 25-5-4(1)(b) says the promise is void unless in writing and signed — and a signed guarantee can make you personally liable even if the business is an LLC. See Do I Have Personal Liability If I Own an LLC in Utah?.
Employment and independent contractors
Written agreements help define the relationship, but the legal classification depends on the facts. See Independent Contractor vs. Employee in Utah and Utah Non-Compete Agreement Laws.
Frequently asked questions
Is a verbal contract valid in Utah?
Many are, unless they fall into a category § 25-5-4 requires to be in writing.
Does an email count as a signed writing?
It can in some situations, but don't rely on that; use a clear signed document.
Does the whole contract have to be written?
The agreement or a note or memorandum of it must be written and signed by the party to be charged.
What if I signed something and want out?
See a lawyer or legal aid before you act.