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Consumer
& Debt
Family
Law
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Frequently Asked Questions
& General Information Sources
When is an oral contract legally binding?
by: Texas RioGrande
Legal Aid
An
oral contract is usually as valid and enforceable
as a written contract, unless there is a separate
legal requirement that the contract be in writing.
For example, the law requires that a contract
for the sale of land be in writing to be enforceable.
Another example is any contract that takes more
than a year to complete, which also must be in
writing. So, if you orally agree with your friend
that you will sell him your car for $2,000, payable
in four monthly installments, then you have made
a legally binding contract. But if you orally
agree with your friend to sell your farm to him
for $10,000, then the agreement is not a legally
enforceable contract because it is not in writing.
If you intend to make a contract, you should always
put it in writing! Oral contracts are very hard
to prove to a judge and are, therefore, very hard
to enforce.
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