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CONTRACTS

Is a verbal agreement legally binding?

SHORT ANSWER

Often yes — many oral contracts are enforceable. But some agreements (real estate, deals over a year, certain amounts) must be in writing, and verbal terms are far harder to prove.

A verbal agreement can be a valid, binding contract in many situations — the law doesn’t always require writing. However, there are important exceptions under the "statute of frauds": contracts for real estate, agreements that can’t be completed within a year, and sales of goods above a certain value generally must be in writing to be enforceable. Even when an oral contract is valid, the practical problem is proof — without a written record, it’s your word against theirs. That’s why getting key terms in writing, even a confirming email or text, is always wise.

What to do, in order

  1. Determine if the agreement falls under the statute of frauds.
  2. Real estate, over-a-year, and high-value sales usually need writing.
  3. For valid oral contracts, gather any evidence of the terms.
  4. Send a confirming email or text summarizing what was agreed.
  5. Get important agreements in writing going forward.

Common questions

Which contracts must be in writing?

Under the statute of frauds, typically real estate transfers, agreements that can’t be performed within a year, and sales of goods over a set amount, among others.

How do I prove a verbal agreement?

Through evidence: emails, texts, witnesses, partial performance, or payment records. Without documentation it becomes your word against the other party’s.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.