How Legal Is A Verbal Agreement?
Are verbal agreements ever legal? Do verbal agreements ever stand up in court? Are there different types of verbal agreements?
A verbal agreement IS legal. Except when it comes to real estate transactions in which case all agreements must be in writing. Yes, legal agreements stand up in court. The problem is that usually neither party agrees to what was accurately said/promised ~ and a verbal agreement does not always include ALL the elements of a valid agreement/contract ~ Consideration, time, etc. in the specifics. "I will give this to you when I die" is not a legal verbal agreement because it lacks the specifics.
As a standard rule, a verbal contract is legally binding if all essentials are met within the overall structure and context and you can prove the agreement was actually consummated and therefore exists.
The optimum way to ensure your rights are protected, what was bargained for is performed to completion, and the mitigation of "Gray Areas of Contention" subsequent to agreement inception, is to sign an explicit, WRITTEN, expressed contract with any and all conditions contained therein, including consideration ( What was bargained for etc), and all other applicable terms.
Even written contracts can be challenged, however, precise verbiage contained therein can clarify questionable aspects whereas verbal agreements can be deemed ambiguous or convoluted at best, especially by third party interpretation such as a judge or jury.
As previously mentioned, another potential circumstance which may render the verbal agreement invalid, voidable, non-binding etc, is non-compliance with the "Statue of Frauds" which dictates certain contracts that are required to be reduced to writing before deemed legally binding by a court of law - As the previous example states - The purchase of Real Property - The sale and process of ownership transfer must be performed via precisely crafted and drafted documents containing appropriate signatures, dates, etc. Or, a contract containing terms which must be performed over an extended period of time may also require a written instrument to be considered binding -
by JasonCulley6 years ago
Hopefully somebody here can help me out? A few years back I designed a logo for a friend. The friendship turned sour and I received an email from this former-friend demanding that I remove the logo from an...
by Nicola Thompson4 years ago
What makes a contract legal?Any one can write a contract, but what makes it legally binding?
by Credence29 months ago
Well, folks, I confess to love the internet and the World Wide Web because I get to learn so much. What is this non-compete agreement concept? Please read the first two articles, the second is rather lengthy, for an...
by sandra rinck8 years ago
When did marriage become a written agreement made legal by governmental law only? Just wondering because I been there and done that and will not do that again but feel married naturally to someone I really do love...
by Sharilee Swaity6 years ago
My husband and I are considering this for the mobile home we own, and can't seem to sell. Does anyone have any experience in this are? I've been researching, but still have some questions. Like, how are you protected,...
by Sondra Rochelle3 months ago
For those who do not already know this: when you sign on to write on this site, you are making a legal agreement with HP. It is up to you to read and understand their Terms of Service, part of which states...
Copyright © 2018 HubPages Inc. and respective owners.
Other product and company names shown may be trademarks of their respective owners.
HubPages® is a registered Service Mark of HubPages, Inc.
HubPages and Hubbers (authors) may earn revenue on this page based on affiliate relationships and advertisements with partners including Amazon, Google, and others.