Is a verbal agreement considered valid? 56 Answers as of September 03, 2015

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

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SwagatUSA, LLC
SwagatUSA, LLC | Dhenu Savla
While verbal agreements are indeed considered valid contracts, it is important to have a written contract as a way to document it.
Answer Applies to: Illinois
Replied: 9/3/2015
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, verbal (oral) contracts may be valid contracts.
Answer Applies to: Maryland
Replied: 9/3/2015
Law Offices of George H. Shers | George H. Shers
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.
Answer Applies to: California
Replied: 9/3/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Oral agreements are only as good at the paper that they are written on.
Answer Applies to: Georgia
Replied: 9/3/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Verbal agreements are a "contract" if they meet all of the required elements for a contract. The agreement must definite and certain (meaning the terms have to be clear); there has to be "consideration" (meaning something for some thing - I'll do this if you do that); and the subject matter has to lawful. These are just the basics. The problem with oral contracts is proving the terms of the agreement.
Answer Applies to: California
Replied: 9/3/2015
    Law Office of John C. Farrell, Jr.
    Law Office of John C. Farrell, Jr. | John C. Farrell, Jr.
    Basically stated - a contract/agreement can be oral/verbal. There needs to be consideration and terms and typically action by the parties. Be advised that this description is very brief. I would advise you speak to an attorney if you require further assistance.
    Answer Applies to: Massachusetts
    Replied: 9/3/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Valid, but proof is sometimes difficult.
    Answer Applies to: California
    Replied: 9/3/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes but not for the sale of property.
    Answer Applies to: New York
    Replied: 9/3/2015
    KEYL ADR Services, LLC | Mark D. Keyl
    A verbal agreement is an oral contract. It is valid if there is evidence showing that it exists. Witnesses help or written documentation that it is valid.
    Answer Applies to: Mississippi
    Replied: 9/3/2015
    Stacy Joel Safion, Esq.
    Stacy Joel Safion, Esq. | Stacy Joel Safion
    Verbal agreements are valid.
    Answer Applies to: California
    Replied: 9/3/2015
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    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.
    Answer Applies to: California
    Replied: 9/3/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    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.
    Answer Applies to: Kentucky
    Replied: 9/3/2015
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    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.
    Answer Applies to: California
    Replied: 9/3/2015
    Universal Law Group, Inc. | Francis John Cowhig
    Depending on the nature of the agreement, verbal agreements are usually valid.
    Answer Applies to: California
    Replied: 9/3/2015
    Ronald K. Nims LLC | Ronald K. Nims
    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.
    Answer Applies to: Ohio
    Replied: 8/11/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Verbal agreement depending on the terms would be a contract. Obviously credibility and believability becomes an issue.
    Answer Applies to: Connecticut
    Replied: 8/10/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Verbal agreements are valid (and can be considered a contract), however proving them are difficult. If there were witnesses to the agreement and will swear to what was said between the persons it becomes easier to prove.
    Answer Applies to: Florida
    Replied: 8/10/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 8/10/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You would have to approve there was a verbal agreement in order to find it was valid or not. Proving that can be difficult.
    Answer Applies to: New York
    Replied: 8/10/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    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.
    Answer Applies to: Oregon
    Replied: 9/3/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    That depends on what the subject matter of the agreement is and the length of the agreement. You need to provide some details.
    Answer Applies to: California
    Replied: 9/3/2015
    Lawyer for Independent Media
    Lawyer for Independent Media | Sue Basko
    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.
    Answer Applies to: California
    Replied: 9/3/2015
    Webb IP Law Group
    Webb IP Law Group | Jason P Webb
    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.
    Answer Applies to: Utah
    Replied: 9/3/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    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.
    Answer Applies to: Colorado
    Replied: 9/3/2015
    Banner & Witcoff, Ltd. | Ernie Linek
    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.
    Answer Applies to: Massachusetts
    Replied: 9/3/2015
    Michael M. Ahmadshahi
    Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
    Almost all verbal agreements are enforceable (but perhaps hard to prove which is the reason why people have written contracts) accept for a few agreements such as marriage contract and sale of land which have to be in writing.
    Answer Applies to: California
    Replied: 9/3/2015
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    It depends on the subject of the agreement.
    Answer Applies to: New York
    Replied: 9/3/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    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?
    Answer Applies to: Montana
    Replied: 9/3/2015
    Law Office of Kirk Buhler
    Law Office of Kirk Buhler | Kirk A Buhler
    Usually not because the terms are no definite and without the agreement being in writing either party could remember the verbal agreement differently. There have been many verbal agreements that people do honor. But without a written document they can't be enforced.
    Answer Applies to: California
    Replied: 9/3/2015
    Law Office of Barton R. Resnicoff | Barton R. Resnicoff
    A verbal agreement is an agreement. An agreement is a contract. Whether or not it is enforceable depends upon many facts and requirements and what it concerns and the equities involved. Certain types of agreements are required to be in writing; or at least have some written memorandum of the agreement; other agreements do not have that requirement. Sometimes both parties acting in reliance upon the agreement can remove the need to have it in writing.
    Answer Applies to: New York
    Replied: 9/3/2015
    Goldstein and Peck. P.C.
    Goldstein and Peck. P.C. | William J. Kupinse, Jr
    With a few exceptions, verbal contracts are valid.
    Answer Applies to: Connecticut
    Replied: 9/3/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Some verbal agreements are valid and enforceable and some are not. Visit with an attorney specializing in contract law.
    Answer Applies to: Colorado
    Replied: 9/3/2015
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    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.
    Answer Applies to: Michigan
    Replied: 9/3/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    It depends on the nature of the contract, its duration, and other factors. It is always desirable to have a signed writing.
    Answer Applies to: Illinois
    Replied: 9/3/2015
    Gates' Law, PLLC | Thomas E. Gates
    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.
    Answer Applies to: Washington
    Replied: 9/3/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Contracts can be oral as well as written.
    Answer Applies to: New York
    Replied: 9/3/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    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.
    Answer Applies to: Nevada
    Replied: 9/3/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 9/3/2015
    Attorney At Law | James G. Maguire
    Verbal agreements are usually binding. There are exceptions for certain transactions, like a real estate transfer.
    Answer Applies to: Louisiana
    Replied: 9/3/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    More information is needed to understand the nature of the verbal agreement and what it pertains to.
    Answer Applies to: California
    Replied: 9/3/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes; hard to enforce.
    Answer Applies to: California
    Replied: 9/3/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Generally verbal agreements are enforceable if they can be proven. but not all verbal agreements. Consult with an attorney.
    Answer Applies to: New York
    Replied: 9/3/2015
    Fox & Fox, S.C. | Richard F. Rice
    Verbal (or oral) contracts can be valid.
    Answer Applies to: Wisconsin
    Replied: 9/3/2015
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    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.
    Answer Applies to: Oregon
    Replied: 9/3/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    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.
    Answer Applies to: Nevada
    Replied: 9/3/2015
    Polsinelli Shughart PC | William B. Prugh
    It depends on the type of contract and what state law says. We need lots of additional facts before an answer can be given.
    Answer Applies to: Missouri
    Replied: 9/3/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    That depends upon the circumstances.
    Answer Applies to: New York
    Replied: 9/3/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    It depends on what the subject matter is.
    Answer Applies to: California
    Replied: 9/3/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    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.
    Answer Applies to: Michigan
    Replied: 9/3/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    No they are not enforceable in court. A contract is for goods and services. Cig this is a family law matter you need a court order.
    Answer Applies to: Illinois
    Replied: 9/3/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    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.
    Answer Applies to: Florida
    Replied: 9/3/2015
    WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
    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 $.
    Answer Applies to: Georgia
    Replied: 9/3/2015
    Diane l. Berger | Diane L. Berger
    That would depend on what the agreement concerned.
    Answer Applies to: Nebraska
    Replied: 9/3/2015
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