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Do contracts for transfers - other than sale of interests in land - need to be in writing to be enforceable?
Wiki User
∙ 13y ago
In NJ, the courts will only enforce an agreement if it is in writing or recorded in a specific way. Other states courts may still enforce verbal agreements, and in general, if you want to enforce an agreement, you must at least be able to prove the agreement existed. Different kinds of evidence or testimony will have different weights and it all depends on convincing the judge. Some judges are easier to convince than others. A good lawyer is one whom the judge favors.
You can sometimes convince the other party to cooperate with a simple letter from a lawyer, thus avoiding the costly and time consuming process of suing. You can do this whether or not you have any evidence, and if the other party responds in writing, then the response may be enough to prove the agreement.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoYes, the statute of frauds says that a contract for real property must be in writing. That would include land. And any contract that is for more than a year must also be in writing.
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Must a contract be in writing to be enforceable in Australia?
No. Verbal contracts can be enforceable.
Is a oral contract enforceable by law in Arkansas?
Some oral contracts can be enforced. Those dealing with real property or longer than a year need to be in writing.
Is An oral contract that is covered by the statute of frauds unenforceable?
Oral contracts are enforceable by law. But there are specific requirements for contracts to be in writing for certain agreements. The sale of real property or a contract that is more than a year in length are examples.
Is a verbal contract legal in Texas with business contract?
Verbal agreements are enforceable. There are some contracts that have to be in writing depending on the time frames and whether real property is involved.
Is an oral agreement to extend a contract enforceable in Florida?
It depends on what the contract is for. If you are agreeing to anything involving real property, the contract must be in writing to be enforceable. However, oral contracts are enforceable for many things.Added: With the exception noted above, in certain instances [i.e.: if witness(es) was present at the agreement and can testify to it], it may be.
What is a example of an agreement that would need to be in writing to be enforceable?
A contract to buy or sell real property (land/house) must be in writing to be enforceable.
Why do we use contracts?
A written contract is easier to enforce. By memorializing it in writing the courts can more easily enforce the terms and conditions. Some due to size, length of time and involving real property have to be in writing by law.
Are oral contracts viable in real estate?
They are not enforceable. The Statute of Frauds mandates that all contracts for the sale and conveyance of real property must be in writing. Period, end of story. Even if you are giving your child your home--you must execute a quit claim deed to give it to them.
An oral contract that must be in writing to be enforceable is not enforceable unless the parties to it admit to its existence in court?
False
Is it necessary for an agreement to be in writing to be enforceable between two parties. explain why or why not?
Yes. A contract is a legally enforceable promise. Contracts are vital to society because they facilitate cooperation and trust. Rather than relying on fear of reprisal or the hope of reciprocity to get others to meet their obligations, people can enlist other people to pursue common purposes by submitting to contracts that are backed by impartial authority. Without contracts and their supporting institutions, promises would be much more vulnerable to ill will, misunderstanding, forgetfulness, and other human flaws. Because of the foregoing considerations it is necessary that such agreements/contracts be in writing or the entire matter of enforcing the contract language becomes a 'he said - he said' claim and counter-claim.
Is a verbal agreement legally binding in California?
A verbal agreement is legally binding in California under certain circumstances. If the agreement is for something that will take longer than a year to perform or involves real property, verbal agreements are not binding and must be put in writing in order to be legally enforceable.
Does law assume that mutual promises are intended to be enforceable?
Yes, if they are in writing and within the Statute of Frauds. Oral agreements are sometimes enforceable if there is Detrimental Reliance.
