06.02.2014

Are contracts that are not in writing enforceable?

­Lisa from Pittston asks, “Are contracts that are not in writing enforceable?” Verbal contracts, or oral contracts, can be enforceable with few exceptions. For example, the sale of real estate is the type of contract that must be in writing to be enforceable. In order for a contract to be enforceable, whether it’s in writing or verbal, there must be an offer, an acceptance and consideration. Consideration is often money down, but it can be work performed by one of the parties. Obviously, verbal contracts can become difficult to prove because the parties may have a different understanding as to what the terms and conditions of the contract were. So, it is the best practice to have all contracts in writing with specific terms – most importantly, when the contract should be complete.

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