Unfortunately, it is very common for parties to make agreements without a signed contract. Some oral agreements may be enforced without a written legal instrument, but it is always better to put it in writing for many reasons. While oral contracts may at times be enforced, it is much easier to enforce a written contract in court than it is to enforce one that was agreed to verbally. However, there are certain instances in which contracts must be in writing to be enforced. These situations are described within a legal doctrine commonly referred to as The Statute of Frauds. The Statute of Frauds prevents a court from enforcing certain agreements when the agreement is not reduced to writing.
Some examples of agreements that must be in writing include, but are not limited to:
- An agreement made by a person to answer for the debt of another.
- An agreement to marry
- A contract for the sale of land or other real estate purchases
- A contract that cannot be performed within one year from the date it was made
Itzkowitz Law, PLLC regularly advises on, and litigates, contractual matters and agreements. If you may require guidance on contracts, business agreements, real estate transactions, document preparation or other transactions where it may be prudent to have a written agreement in place, contact us today.
Should you need more information on this issue, please contact us today.