Verbal contracts can be legally binding in certain circumstances; however, it is essential to note that proving the terms and conditions of an oral contract can be more complex than a written contract. Additionally, some types of arrangements, such as those related to real estate, must be in writing to be enforceable. So, although it is always best to have an agreement in writing to avoid any confusion or disputes, there can be instances where verbal contracts hold legal weight in your specific case. After a more in depth explanation you will be able to understand the situations when verbal contracts are legally binding.
Verbal Contracts vs. Written Contracts
When determining if your verbal contract may be valid in court, it is important to note the primary differences between verbal and written agreements. A verbal contract is made orally and can therefore be entered into spontaneously, avoiding the time it would take to propose a written contract. However, because a verbal contract does not contain written evidence, it is harder to prove and enforce this type of agreement.
On the other hand, a written contract is documented on paper and provides a clear record of the terms and conditions of the agreement. Although written contracts require more time and preparation to create, they include detailed information and clauses that verbal contracts may not have. So, written contracts serve to prevent misunderstandings and ensure that all parties are on the same page, making it easier to resolve any potential disputes that may arise in the future.
While both types of contracts can be legally binding, written contracts provide more security and protection for all parties involved.
Key Elements of a Binding Verbal Contract
A verbal contract is an agreement between two or more parties made through spoken communication rather than written documentation. An oral contract can hold legal weight when it meets certain criteria.
To be considered a legally binding verbal contract, it must be:
- Spoken promise(s) between the parties involved: There must be an offer made by one party and an acceptance of that offer by the other party.
- Exchange of value(s): Both parties must exchange something of value, known as consideration. This exchange of value(s) can be in the form of money, goods, or services. It is a fundamental principle of contract law—failure to provide consideration can make the contract unenforceable.
- Clear and specific terms of the contract: Both parties need to understand the expectations and obligations involved in their agreement. Additionally, if there are any areas of potential disagreement, they should be explicitly addressed between the two parties.
- Mutual Intent: There is evidence that both parties are of legal age and sound mind to enter into a written contract and intend to be bound by the agreement.
Negotiating Potential Issues
Although verbal contracts that fulfill the above criteria can be considered valid legal agreements, proving the terms and conditions of the contract can be challenging when there is no written record of the agreement. For example, the two parties may have different interpretations of what was said during the verbal agreement.
This can lead to further complications in proving the terms and conditions, possibly damaging the contract’s validity. For this reason, it is best to follow up on verbal agreements with written documentation.
When Written Agreements are Required
In some instances, written contracts are mandated by law and will be the only enforceable type of agreement. The Statute of Frauds, for example, is a legal doctrine requiring certain types of contracts to be in writing and signed by the parties involved to be enforceable in court. The statute’s purpose is to prevent fraudulent claims and misunderstandings arising from oral agreements. Every state in the United States has some version of a Statute of Frauds.
In general, transactions valued at $500 or more, or agreements that may take up to a year or more, require written documentation. Other examples of when written contracts are required by law include:
- Employment contracts
- Rental agreements
- Business Partnerships
- Sale or transfer of land or property
- Other private transactions or more complicated agreements for the exchange of goods and services
When dealing with verbal contracts, it is essential to approach the situation with caution. While they can be legally binding, they can also be challenging to prove in court if a dispute arises. So, protect yourself by getting the terms of the agreement in writing. This can be as simple as sending an email summarizing the deal and asking for confirmation. If the other party hesitates to put the agreement in writing, it may be a red flag that they are not acting in good faith.
Additionally, if you are unsure about any part of the agreement, ask for clarification before agreeing to anything. Remember, it is best to consult with a legal professional if you have any questions or concerns about the validity of your verbal contract.