Is a verbal agreement legal in state of nc home rent?

Answer 1

in the state of California a verbal agreement IS legally binding

MoreBut proving one is often challenging. Take notes with dates & times and document everything. MoreFor the most part, as long as all the requirements for a valid contract are present (capacity, mutual assent, consideration) are present, it doesn't matter one bit whether it's verbal or in writing.

However, certain types of contracts do have to be in writing to be valid, under laws known collectively as the "Statute of Frauds." These types of contracts include sales of land and other interests in real property, agreements which, by their own terms, cannot be performed within a year, and contracts for sales of goods priced over $500.

For almost all other agreements, writing is not necessary for them to be legally binding. However, as mentioned above, proving the existence, and exact terms, of a verbal agreement is often very difficult (it boils down to a "he said, she said" matter), so putting any important agreement in writing, even if it isn't technically covered by the Statute of Frauds, is always a good idea.

Answer 2

My brother & I came to a verbal agreement for selling my share of my Mothers home after she died. I signed a paper saying I sold it to him for a price! It was not Legal. After 14 years we thought it was in his name. It is not! He breached our verbal agreement & now wants me to sign a legal copy. I was paid 14 years ago but he has been getting all the rent money from the property. Can I now change some aspects of the final paperwork as he already broke our legal agreement? What can I do legally?

Answer 3

Yes, depending on several factors, this issue is very complicated and should probably be answered by an attorney who has knowledge of the applicable state laws and knows the details of the agreement. Verbal agreements can be held enforceable under common law as long as there was mutual assent to enter into the agreement and a consideration for the agreement. Consideration can be defined as a bargain for exchange, as in the Restatement of Contracts 2d. For instance, if I offer to pay you 50 bucks if you don't eat for a week, there would be consideration for my promise. You would be bargaining to give up a legal right in return for my promise of 50 bucks. This would have to be offered and then accepted. In addition under the statute of frauds, the agreement must be able to be completed within a year by its nature, to be held enforceable without a writing. There are also other types of contracts that require a writing, like a sale of land, or a contract to enter into marriage. There may be other local jurisdictional issues, but the main answer to your question is, yes it can be.

Added: While the above MAY be true - unless there was a witness (or witnesses) to the alleged verbal agreement that an offer was made and accepted, you're probably wasting your time. If you really believe you have an enforceable verbal contract consult with an attorney.

Answer 4

An old saying is a verbal contract isn't worth the paper it's printed on. If it's an agreement for something that does not require a written contract - like the purchase of real estate - then it is legally binding, the problem is proving who said what and what was promised.

Answer 5

The tricky part about verbal agreements is that if two people have made a verbal agreement but they each present a different version of that agreement (for example, Mr. Smith claims that a monthly fee of $200 was agreed upon, but Mr. Jones says that it was $150) and if there is no written agreement, no video recording of the conversation, and no witness to the verbal agreement, then there is no way to determine whose version of events is correct. So it is very hard to enforce verbal agreements. All you have to do is say, hey, wait a minute, I never agreed to that. Then there is no agreement. But if two parties have a verbal agreement and they both accept the same version of that agreement, then yes, it is legally binding in Tennessee.

Answer 6

A verbal agreement may constitute a binding agreement or contract although it must meet certain requirements. Whether the parties have a valid contract is a determination that must be made by a judge. Some agreements must be in writing in order to be binding. These include transactions regarding real estate and an agreement to make a Will.

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