Is a verbal agreement considered valid?

Question

Are verbal agreements considered valid or would it still require a contract?

Christiaan Mauritz Van Niekerk · Answer

Yes but not for the sale of property.

Charles Perry · Answer

Oral contracts are indeed enforceable in California, just as though   they were written.  One principal difference is that the statute of   limitations for a claim based on an oral contract is two years, and   the statute for a claim based on a written contract is four years.    There are also certain contracts that must be in writing, pursuant to   what is called the Statute of Frauds.  The list of types of contracts   falling within the Statute of Frauds is too complicated to explain here.

Nathan Wagner · Answer

Verbal agreements are binding contracts, but it is easier to prove the existence and the terms of written agreements. Even if the other person admits that there was a verbal agreement, they may have a different understanding about what the agreement required. These cases often come down to who the jury or judge chooses to believe.

Linda Novakov · Answer

Some verbal agreements are enforceable.  The statute of frauds requires contracts that deal with real property, or those which cannot be fully performed in less than a year to be set forth in writing.  If you attempt to draft your own contract, be clear in the terms.  Ambiguous provisions will be construed by  a court in favor of the non-drafting party.

Edwin K. Niles · Answer

Valid, but proof is sometimes difficult.

Francis Cowhig · Answer

Depending on the nature of the agreement, verbal agreements are usually valid.

Stacy Safion · Answer

Verbal agreements are valid.

Aaron Schlossberg · Answer

It is possible.  It depends on the facts and circumstances.

Georges Shers · Answer

With the exception of selling real estate and getting a commission for a sale of real estate, in almost every situation a verbal agreement is just as binding as a written one. ?The major problem is that if the two parties disagree in the future, there is nothing written down to demonstrate what was actually agreed to.

William Sanders · Answer

Verbal agreements are enforceable, unless they are required by law to be in writing. The list varies from state to state, and usually include contracts to sell land, marriage, wills, contracts that take more than a year to complete, and over $.

Richard Rice · Answer

Verbal (or oral) contracts can be valid.

Dorothy Bunce · Answer

An old joke is that a verbal agreement isn't worth the paper it is written on.  But that is not entirely true.  Whether you can collect on a verbal agreement depends on the character of the person who made the agreement with you and the amount involved.  The Statute of Frauds defines how much money must rely on a written instrument to be valid.  If you lend someone $100 and they verbally agree to pay you, you don?t need a written agreement but you may need to persuade the judge if your borrower does not have the good character you thought.

Patrick Currin · Answer

It depends on what the subject matter is.

Victor Waid · Answer

Yes; hard to enforce.

Andrew Velonis · Answer

Contracts can be oral as well as written.

Richard Peacock · Answer

In SC, it generally depends on the parties to the contract, the terms of the contract and the $$$ Amount of the contract.

Ronald A. Steinberg · Answer

within certain limits.  There is a concept called The Statute of Frauds which requires certain agreements to be only in writing.  The problem with verbal agreements is that you cannot prove that there is an agreement because there is no evidence either of the agreement itself, or any of the terms of the agreement.  If you haven't gotten into it yet, then do it in writing.

Dara J. Goldsmith · Answer

It depends.  Seek legal counsel with the specifics.  This is opinion is solely based upon the facts presented in the inquiry.  Additional facts may be important and may change the analysis.  If you are uncertain, seek legal counsel.

Thomas Edward Gates · Answer

Verbal agreements can be legal if it defines an offer and acceptance. Example: a service to be performed and a price for the service has been agreed to.

James Eugene Hasser · Answer

It depends on the type of verbal agreement. Verbal agreements involving the sale or lease of property are not enforceable under contract laws unless they are in writing. Outside of that, verbal agreements can be enforceable. Good luck.

James Oberholtzer · Answer

The answer to your simple question is fairly complicated.  In general, a written contract is much easier to enforce than a verbal one.  Contracts for the sale of real estate and many other contracts must be in writing.  There is much more to this.  It works better to give your circumstances and then a lawyer can respond.

James Maguire · Answer

Verbal agreements are usually binding. There are exceptions for certain   transactions, like a real estate transfer.

Daniel Edelman · Answer

It depends on the nature of the contract, its duration, and other factors.  It is always desirable to have a signed writing.

Diane Berger · Answer

That would depend on what the agreement concerned.

Dennis Leffert · Answer

Verbal agreements should be valid . . . right up until one of the parties denies there was an agreement.  Than how does one  prove  the agreement?  It would require  evidence  for proof.  It is always best to have an agreement in writing, dated and signed by all parties.  Good luck.

Randall Romei · Answer

A verbal or oral contract is valid provided the terms of the contract can be proved and consideration was paid and accepted.  Certain kinds of contract, notably real estate contracts and contracts that cannot be performed in a year, generally must be in writing or the Statute of Frauds can apply as a defense.

James E. Reed · Answer

Oral contracts can be valid depending on the subject matter of the contract. Certain contracts are required to be in writing, but even then, there are exceptions or facts that can take the contract out of the requirement that it be in writing.

Ernest Linek · Answer

A verbal agreement can be a contract - and it can be enforced like any other contract.  Certain contracts must be in writing - otherwise the violate the "statute of frauds": The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a writing, signed by the party to be charged, with sufficient content to evidence the contract. Traditionally, the statute of frauds requires a signed writing in the following circumstances: *         Contracts in consideration of marriage. This provision covers prenuptial agreements. *         Contracts that cannot be performed within one year. However, contracts of indefinite duration do not fall under the statute of frauds regardless of how long the performance actually takes. *         Contracts for the transfer of an interest in land. This applies not only to a contract to sell land but also to any other contract in which land or an interest in it is disposed, such as the grant of a mortgage or an easement. *         Contracts by the executor of a will to pay a debt of the estate with his own money. *         Contracts for the sale of goods totaling $500 or more. *         Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.

Jason Webb · Answer

That depends on what you are agreeing about.  For example, a verbal agreement to assign copyright rights is generally not valid, while a verbal agreement to sell a car might be.

Richard Gonzales · Answer

Verbal agreements are enforceable for most things, but not all things (e.g., real estate or employment agreements longer than a year must be in writing). There all lots of hazards of doing things verbally. What if the other person is killed in a car accident? What if he or she has a stroke? There are risks associated with verbal agreements. I guess it depends on your threshold for uncertainty.

Brian Haggerty · Answer

Verbal agreements are technically valid in Oregon. That said, you have a HUGE evidence problem: what was the agreement? Without something in writing, there might be no agreement, or there could be any agreement  everything then is just "he said, she said." Especially between family, friends and neighbors, but always, put things in writing. That keeps everyone on the up and up. Lawyers don't cost anywhere near as much as you think. But, if you want to do without a lawyer (small dollar amount involved, simple transaction) then write "Dick and Jane" language: "You will plant three trees in my yard. You will plant two bushes in my yard. You will plan them where I say. I will buy the trees and bushes. You will bring your tools. When you are done, I will pay you $2,000." ALWAYS have a lawyer review contracts for the purchase and sale of real property  they are complicated, and there is always a lot of money on the table.

Alena Shautsova · Answer

It depends on the subject of the agreement.

Bernard H. Greenberg · Answer

Some verbal agreements are valid and enforceable and some are not. Visit with an attorney specializing in contract law.

Thomas Bulman · Answer

Verbal contracts are valid but you must prove what was said and agreed to.  Do you have a witness or conduct consistent with your claims of a contract?

Susan Marie Basko · Answer

Depending on what it is, some verbal agreements might be considered oral contracts and some might not.  For example, an agreement to go to someone's party or to babysit someone's children will not be a contract.  But, an agreement to buy something might be a contract.  Most people who do business of any kind will follow up a verbal agreement with an email or letter where the terms of the agreement are spelled out.  If you ever get one of these, you should read it carefully and object in writing quickly if you disagree with what it says.  That is because such an email or letter can have the power of being a contract.  There are many businesses, even large scale businesses working for a real lot of money, that operate on verbal agreements.  This is particularly true in certain entertainment fields.  This is usually where the people all know each other and trust has built up over the years.  If you have a particular contract in mind, you should show it to a lawyer and let them help you with it.  If you have made an oral agreement and want to spell it out in writing as a contract, let a lawyer do that for you, too.

Ronald Nims · Answer

Verbal agreements are valid in some situations. ?The principal one is that if one person does their side of the agreement, the other person is obliged to honor the agreement. Verbal agreements are usually not valid in contracts to buy and sell land, contracts worth a large amount of money or contracts that take more than a year.

Jayne Sebby · Answer

Many, but not all verbal agreements, are valid.  For example, things like the sale of land or an action that takes more than a year to complete need to be in writing.  Not surprisingly, parties often disagree about the terms of an agreement and, without a written contract or some other evidence, it's usually very difficult to enforce the terms of the deal.

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