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Verbal contracts are recognized in Florida but, the problem with them is the proof of their existence. They canbe proven by the actions of both parties (or by witnesses who overheard the contract being made). However, like any contract, they must have at least ALL three of these elements:
1) An offer,
(2) an acceptance of the offer,
(3) and lawful consideration (something of value - like money) passing from one party to the other.
Without the presence of ALL THREE of the above elements, you only have, what the law calls, a "mere recital" of each of your intents. (i.e.: both of you were working out the terms and conditions of a contract, but hadn't yet agreed on anything concrete).
Even if you have any e-mails (which must be preserved complete with your e-mail address and message headers), that appear that you were in negotiation for a contract and which even included a cost and an expectation of payment - without the payment actually changing hands, there is no contract.
Verbal contracts are a convenient and commonly used form of agreement between two parties trying to 'reach terms.' However, the main problem with a verbal contract is that if any problems arise, and there were no witnesses to the agreement, the matter is reduced to one party's word against the others. Even if verbal contract law is followed, a verbal contract is often easily contested.
What else can I help you with?
In the state of Arizona a verbal agreement IS legally binding?
No, a contract must be in writing. (You can lie all you want to!)
We entered into a written and verbal contract with a banquest facility. Now the facility refuses to honor the verbal portion of the agreement. What is our recourse?
You can send a demand letter, and then file suit. However, you should check the law in your state. Many states provide that a written contract cannot be modified (or added to) verbally, and that any verbal agreements made outside of the written contract are not binding.
I'm emancipated by marriage can I sign a legal binding contract in the state of Colorado?
Yes, you can sign a binding contract.
Is a ( Verbal ) contract legal in the state of Indiana?
What legal wieght does a verbal contract carry, specifically in regards to an offer to sell an item?
Is a deal made over the phone with a used car dealer a binding contract in the state of Missouri?
NO. The state of Missouri requires a formal contract in writing with authorized signatures, a verbal agreement or contract regarding car sales in normally not accepted. This also applies towards repairs warranted by car dealerships and repair shops.
Is a contract signed in one state legally binding in another state?
Yes, a contract signed in one state is generally legally binding in another state as long as it meets the legal requirements of both states and does not violate any laws.
Can an 18 yr old enter into a legally binding contract in the state of Alabama?
The contract can be legally binding at the discretion of the 18 year old. The minor can 'disaffirm" the contract, or say there is no contract, when he/she reaches the legal age of majority in AL which is 19.
Is a verbal agreement legally binding in Missouri?
It depends upon what you are talking about. For real property contracts, the buying and selling of land, no, a verbal is never enough. You should consult an attorney in your state for specific details.
What is the legal status of a verbal contract?
Three Elements of a Verbal Contract In order to be considered valid, a verbal contract must contain three elements: offer, acceptance, and consideration. • Offer: The person making the offer in a verbal contract must communicate their intent to enter into a contract. A verbal contract is not considered valid if all parties do not agree to the terms of the offer. Also, verbal contracts are only valid for a specified period of time and not indefinitely. • Acceptance: A verbal contract is not valid until the offer is accepted. The acceptance of a verbal contract occurs when the person to whom the contract is offered voluntarily indicates agreement to its terms and conditions. • Consideration: In addition to an offer and acceptance, verbal contracts must contain consideration. This means that each side must give the other something of value for the agreement to be binding. In most verbal contracts, this is an exchange of money, such as a down payment. However, in some cases, it is not money but a promise that is exchanged. Verbal Contract Law Verbal contracts are a convenient and commonly used form of agreement between two parties. However, the main problem with a verbal contract is that if any problems should arise and there were no witnesses to the agreement, the case is reduced to one party''s word against another''s. Even if verbal contract law is followed, a verbal contract is often easily contested. The best way to ensure that your contract will be binding is to consult with a legal professional who can help you understand the law and determine your options. If you are involved in a dispute over a verbal contract, a qualified contract lawyer can help you maximize your legal rights and interests .
Is a verbal agreement legally binding in Colorado?
It depends on what the agreement is to do. There are many exceptions requiring contracts to be in writing for certain things, but unless the contract is included in that requirement, writing is not required to bind the parties.
In the state of Florida how many days do you have to cancel a contract?
3 day lemon law
If you signed one contract and your co-signer signed another contract can the car be returned since you didn't sign one binding contract together?
Contact a local attorney for state/case specific advice.
