Each state has different requirements for contracts and agreements that need to be written. Florida law, for example, states that « contracts relating to the sale of real estate or contracts that cannot be entered into within one year must be entered into in writing. » Is an oral contract legal? In simple terms, yes. From a legal point of view, oral contracts can often be as valid as written contracts. You may be extremely difficult to regulate, but you should find comfort if you know that there are applicable state and federal laws that can help enforce such treaties and protect your legal rights. But of course, this is the safest way to put your contract in writing to protect both parties. If two or more parties reach an agreement without written documents, they will enter into an oral agreement (formally known as an oral contract). However, the authority of these oral agreements can be a bit of a grey area for those who do not know the law of contracts. Clients often think that oral agreements are not binding. However, as a general rule, the law considers oral agreements to be legally binding. Although there are some exceptions (for example. B transaction agreements between employers and employees or agreements for the sale and purchase of land), oral agreements may be applicable. On the other hand, a written contract is an agreement that is recorded in writing and signed by the parties to prove their agreement. It is not necessary for any of these points to be written.
In some cases, a verbal agreement is not even necessary: the court may enter into a contract on the basis of the conduct of the parties. Most oral contracts are legally binding. There are a few exceptions, however, depending on the design of the agreement and the purpose of the contract. In many cases, it is best to draft a written agreement to avoid litigation. In any case, it is better to write some kind of simple contract, even if you think: « Well, that`s ridiculous. » Remember: « If it is not written, it does not exist. » Or, as Sam Goldwyn said, « An oral contract is not worth the paper on which it is printed. » The parties, both reasonable, should freely approve the terms of the agreement, i.e. without influence, coercion, coercion or misreprescing of facts. The nephew and aunt accept the terms of the contract without putting pressure on each other and with the intention of fulfilling their obligations. In the case of oral contracts, they generally have a shorter limitation period than the time limit for written contracts. This is due to the need for more recent evidence and testimony. So how can you prove that the contract existed? You can do this through the actions of the parties involved. Common sense requires that one person or company not provide the goods or provide a service in the absence of an agreement with the other party. Oral agreements are about the fact that it can be very difficult to prove their existence and to prove what the agreed terms are.
There are also problems with the parties who have different memories of what has been agreed, or some may be wrong about the terms of the oral agreement. Businessmen often enter into handshake agreements. But are these agreements really legal? They may be legal depending on the circumstances, but they cannot be useful if the agreement is to be brought to justice. Here is a story to illustrate: the classic problem of oral contracts, it can be terribly difficult to prove the terms of the agreement in case of dispute. The differences between an oral contract and a written contract are generally underscored by the ease in which an applicant can prove what the terms of the contract are or were. Another problem with oral agreements is that some people are placed on the ground in their discussions and can enter into agreements without much thought into the details and consequences of the transaction.