Hawaii Revised Statutes, Chapter 656 — Frauds, Statute of

Division 4. Courts and Judicial Proceedings — Title 36. Civil Remedies and Defenses and Special Proceedings

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 4 Courts and Judicial Proceedings

Title 36 Civil Remedies and Defenses and Special Proceedings

Chapter 656 Frauds, Statute of

§656-1 Certain contracts, when actionable

No action shall be brought and maintained in any of the following cases:

(1) To charge a personal representative, upon any special promise to answer for damages out of the personal representative's own estate;

(2) To charge any person upon any special promise to answer for the debt, default, or misdoings of another;

(3) To charge any person, upon an agreement made in consideration of marriage;

(4) Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them;

(5) Upon any agreement that is not to be performed within one year from the making thereof;

(6) To charge any person upon any agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or commission;

(7) To charge the estate of any deceased person upon any agreement which by its terms is not to be performed during the lifetime of the promisor, or, in the case of agreements made prior to July 1, 1977, of an agreement to devise or bequeath any property, or to make any provision for any person by will; or

(8) To charge any financial institution upon an agreement by the financial institution to lend money or extend credit in an amount greater than $50,000;

unless the promise, contract, or agreement, upon which the action is brought, or some memorandum or note thereof, is in writing, and is signed by the party to be charged therewith, or by some person thereunto by the party in writing lawfully authorized. The term "financial institution" used in [paragraph] (8) means an institution domiciled in this State whose deposits are federally insured or a financial institution which is examined and supervised by the commissioner of financial institutions.

[CC 1859, §1053; am L 1923, c 5, §1; RL 1925, §2665; am L 1929, c 21, §1; RL 1935, §3900; RL 1945, §8721; RL 1955, §190-1; HRS §656-1; am L 1976, c 200, pt of §1; am L 1977, c 144, §63; gen ch 1985; am L 1990, c 119, §1]

§656-2 Consideration need not be in writing

The consideration of any such promise, contract, or agreement, need not be set forth, or expressed, in the writing signed by the party to be charged therewith, but may be proved by any other legal evidence.

[CC 1859, §1054; RL 1925, §2666; RL 1935, §3901; RL 1945, §8722; RL 1955, §190-2; HRS §656-2]

§656-3 Representation of another's credit, etc., when actionable

No action shall be brought and maintained to charge any person upon, or by reason of, any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of another person, unless the representation or assurance is made in writing and signed by the party to be charged thereby, or by a person lawfully authorized by the party to sign.

[CC 1859, §1055; RL 1925, §2667; RL 1935, §3902; RL 1945, §8723; RL 1955, §190-3; HRS §656-3; gen ch 1985; am L 2017, c 12, §69]