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The Law & Verbal Agreements

By: Garry Crystal - Updated: 26 Feb 2017 | comments*Discuss
 
Verbal Agreements Legal Binding

Many people are not aware that verbal agreements are in many cases as legally binding as written contracts. Verbal contracts can be upheld by a court if someone decides to breach the agreement, although without written terms and conditions it may be difficult to prove.

Conditions of a Verbal Agreement

Under law there are two basic terms that constitute a binding agreement. The verbal agreement will be binding if there was an agreement on the services to be performed and an agreement was reached on remuneration for this service. This agreement can be reached by a verbal exchange in person, via telephone or via an email.

There are certain contracts and agreements that must be made in writing and these will include the sale of property, tenancy agreements, copyright transfer, and contracts for consumer credit. In some cases, verbal agreements will not be upheld in court, not because of the lack of a written agreement but because the terms of the verbal agreement were not clarified.

Written Agreements

For any agreement concerning an exchange of services it is a wise idea to have some form of contract or written statement. The contract or statement should include the terms and conditions of the agreement and is particularly helpful if a dispute between the parties occurs.

Complete Verbal Agreements

In order for a verbal agreement to be legally binding the agreement must have reached completeness. This means that all terms and conditions have been reached and agreed regarding services and terms of pay. Agreements will be incomplete when there are still further terms and conditions to be agreed. Agreements in principle will not usually be upheld in court and will not usually be considered complete verbal agreements.

Verbal Agreements and Disputes

If either party has decided to break a contract then the matter can be taken to the legal courts. In most cases the dispute may rest on the justification of the terms of the verbal agreement. There are a few ways that a judge will try and establish the terms of the agreement. These could include investigating what actually happened in practice. This can include the services that were actually undertaken and if any money whatsoever was paid for any services.

Enforcing a Verbal Agreement

Apart from taking the matter to court there are other ways to enforce a verbal agreement. If money is owed then the matter can be passed on to a collection agency to try to enforce the matter for you. The disgruntled party can also apply pressure themselves by sending letter, emails and making telephone calls to the person who is in breach of contract. Copies of all emails and letters should be kept in case the matter does reach the law courts.

Payment before Service

One way of avoiding this sort of dispute ever occurring may be to ask for some form of payment before supplying a service. Although the customer may not always agree to this it may be an option to consider. In some cases if a person is going to breach a contract and withhold payment then the odds are they may never have intended to pay for the service in the first place. In many cases though a customer may not like the idea of paying for a service until the job is completed for fear of non completion.

Threatening court action for breach of a verbal contract may not actually help the matter at all if one party intended not to carry through on the agreement. However the law does consider complete verbal agreements as Legally Binding and the matter can be brought to the law courts for a judge to make the final decision.

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@Jim - he won't be able to sue you, but you might get a black mark against your name on the site you sold it from. Mark.
MN73 - 27-Feb-17 @ 1:56 PM
Lovelyloz - Your Question:
Hi I entered into a verbal agreement with a family friend to have a driveway and side wall put in we paid all the money in lump sums (stupid I know) but now we havnt seen him or his wife at our house for months and I've messaged her giving her every opportunity when she made an excuse of not having transport I said me or my partner would pick them up she didn't reply we have been chasing them as they originally said it would be a 6 week job last easter 2016 were nearly at easter 2017 and I've got someone else to do the job as the wall was not done properly so have to pay for a new one I have looked at citizens advice and they say to start with a letter to the other party I don't want to job finished by them I want some of the money owed as they clearly are not going to Do the job right or even finish it

Our Response:
If you paid the money in cash and you had only a verbal agreement, then there is little or nothing you can do regarding this as proof will be limited. If you paid the money by cheque or bank transfer then you will have more proof to take this to the small claims court to try to retrieve the money paid. A solicitor's letter, or one penned by yourself (and copied for evidence) to the family friend stating that if they don't refund the money, then you will take further action, may do the trick.
ContractsAndAgreements - 27-Feb-17 @ 12:15 PM
i promised to sell a hockey mask on a vintage hockey site to a buyer for $50.00 no money changed hands. Another buyer offered me double the amount so I sold it to him. He lives in NY and the first buyer lives in Canada. This was through an email no verbal at all just an email. Can he sue me?
Jim - 26-Feb-17 @ 10:28 PM
I entered into a verbal contract with my mother.We agreed to purchase a car on finance and pay 50/50 on the car repayments also including expenses like road tax and MOT.After 2.5 years my mother said she's having financial issues and asked to be released from the contract and I agreed to make full payments and be 100% responsible for the car.She now wants to claim a proportion of the car's payments back as she feels she didn't use the car.I thought as she pulled out of the contract she wouldn't be entitled for anything
Reshma - 26-Feb-17 @ 7:49 PM
Hi, The rare bumper of my vehicle was damage so I took it to the garage for an estimate. I was later told to leave the vehicle it will be dealt with. Days later I received the vehicle fully repaired without knowing what was the cost for the repairs done. When I enquire about the repair cost I was told by the owner to give him something. I made a payment of $500.00 and left.Several months later I received an invoice for a balance of $700.00 to be paid. I refused to make the additional payment and now I am being sued for $700.00. Was I wrong to refuse to make the additional payment after not having a written or verbal contract in the first place.
Roachie - 26-Feb-17 @ 5:31 PM
Hi I entered into a verbal agreement with a family friend to have a driveway and side wall put in we paid all the money in lump sums (stupid I know) but now we havnt seen him or his wife at our house for months and I've messaged her giving her every opportunity when she made an excuse of not having transport I said me or my partner would pick them up she didn't reply we have been chasing them as they originally said it would be a 6 week job last easter 2016 were nearly at easter 2017 and I've got someone else to do the job as the wall was not done properly so have to pay for a new one I have looked at citizens advice and they say to start with a letter to the other party I don't want to job finished by them I want some of the money owed as they clearly are not going to Do the job right or even finish it
Lovelyloz - 26-Feb-17 @ 4:44 PM
My son entered into a verbal contract with a company into taking on a 5 year tennancy. The lady that was going to be employed as bar manager signed the tennancy at will to allow them into the property. My son undertook a refurbishment costing £18,000. He set up a Ltd company and bank account but when it came to signing the Lees they made the Lees out in the name of the lady that was him bar manager and not my son's nor the Ltd company's name. My son had to submit a business plan to the company he intended having the Lees with. They went back on there promise and told him. The lady had had you over and there was nothing he could do.
John - 24-Feb-17 @ 8:35 AM
Jay - Your Question:
I chose to trust a friend and buy a used car from him in payments without signing a contract. We agreed and shook hands about 2 months ago and I have paid him 500 dollars so far. Now due to other money issues he is talking about keeping my money and the car wich is still in his name. Can I defend myself in any way

Our Response:
As we are a UK-based website we cannot offer advice to those from other countries, as we only have knowledge of UK law. However, across the board much depends upon whether the money was paid in cash (which is always difficult to prove without a receipt) and/or if you have any evidence (texts, emails etc) which will help you if you try to claim. If you gave you friend the money by cheque or bank transfer at least you have a record of the money changing hands.
ContractsAndAgreements - 21-Feb-17 @ 10:10 AM
I chose to trust a friend and buy a used car from him in payments without signing a contract. We agreed and shook hands about 2 months ago and I have paid him 500 dollars so far. Now due to other moneyissues he is talking about keeping my money and the car wich is still in his name. Can I defend myself in any way
Jay - 20-Feb-17 @ 1:42 AM
Hello. Hope you can help. I was recently approached by an employee of a supplier with an invitation to refer my customers, and where successful would receive a percentage reward of what they spent with this supplier. The customer I referredspent with the supplier and I received my percentage. The customer spent more with the supplier the following month and the employee of the supplier said she has signed off my invoice for the percentage and it was with the accounts to be paid. It has not been paid despite numerous calls and emails to this lady who offered the referral fees. Since then one of the directors has said that his fellow director does not intend to pay more than the first month as he feels that is what they agreed to. They have not commented on what the employee who offered the referral fees agreed, other than to say they only pay on the first month, not on any extended business generated. I feel that they offered a percentage of fees with no restrictions ever mentioned.
Bill - 16-Feb-17 @ 10:02 AM
Hi, I am in the process of transferring ownership of my home to my separated partner. I have received the land registry documents that state my compensation for my share, this is different to our agreed amount. However my ex partner has stated verbally and I have some messages that show her willingness to pay this extra amount after completion when she takes a loan.(can't do now as needs mortgage to go through) is this legally binding or am I foregoing this amount by signing the LRID? Can I write out a hand written contract and get her to agree and sign this? Thanks
Jon - 15-Feb-17 @ 9:22 AM
I AM A SOLE TRADER THAT HAS BEEN THE SUBJECT OF ADVERTISING SPACE FRAUD.I WAS CONTACTED BY PHONE BY SOMEONE FROM COMMUNITY INITIATIVES ASSOCIATES (GOOGLE THEM FOR INFO!)SAYING THEY WERE ACTING FOR THE POLICE SELLING SPACE IN A COMMUNITY MAGAZINE WITH PROCEEDS GOING TO HELP STOP YOUTH CRIME ETC. WITH THE HARD SELL I AGREED AN ADVERT AT A COST OF £174. THEY ASKED FOR A UNIQUE PASSWORD TO REPLACE THE NEED FOR ME TO SIGN A CONTACT. THE PROOF CAME THROUGH AND WAS JUST A SCREEN SHOT OF MY WEBSITE DETAILS AND VERY POOR. THERE WAS ALSO PAGES OF T&CS SAYING I COULD NOT CANCEL OR DELAY PAYMENT AND THAT AN ON SALE DATE WAS NOT TO BE THE ESSENCE OF ANY CONTACT. THIS WAS SO EXCESSIVE I GOOGLED THE COMPANY AND BELIEVE THEY ARE FRAUDSTERS AND NO MAGAZINE WILL BE PRINTED. I AM WORRIED THAT DESPITE KNOWING THIS I HAVE ENTERED INTO A COMPLETE VERBAL AGREEMENT AND WHEN I CANCEL THEY WILL HAVE THE LAW ON THEIR SIDE
LOCHY - 10-Feb-17 @ 4:36 PM
@Hueligan - there is no reason why you can't come to a one-off arrangement with the estate agent as it found you the buyer. But if the sale doesn't proceed then you shouldn't have to pay up! Regards, JB.
Jill - 10-Feb-17 @ 1:51 PM
I have a buy to let property which I wish to sell with the tenant in situ. I invited 3 local estate agents to attend the property and provide a valuation. One of the agents stated that they had a potential buyer on their books and asked if they could conduct a one off viewing. If the interested party subsequently went ahead and purchased the property the agent would charge a reduced rate of commission. No written agreement was made in relation to this proposal. The viewing subsequently went ahead but no offer was made. I was in the process of engaging an "online estate agent" to market the property when I received a call from the previous agent stating that they had another person interested in viewing it. This person viewed the property and has made an offer which I have accepted. Yesterday I received a letter from the estate agent containing a retrospective sole agency agreement for signature. The estate agent proposes to charge their standard rate of commission for the sale. It also contains the following statements, "This agreement reflects the terms and conditions as verbally agreed and shall be deemed accepted unless written objections are received (by the agent) within 14 days of the agreement date." and "Our appointment as your Sole Agent is agreed on a "one off" basis, and it will not continue should the arranged sale not proceed to a successful conclusion." I have today written to the agent stating that I do not agree to the terms of the agreement and refuse to sign it. I have explained why. Had I proceeded to market the property through the online agent I would have been charged a total of £780. In recognition that this will no longer be necessary and the speed with which the other agent found a buyer I have offered them £1,000. My understanding is that verbal contracts/agreements in relation to the sale of property are unenforceable. If the agent does not accept my offer what is my legal position?
Hueligan - 9-Feb-17 @ 2:31 PM
Lol - Your Question:
Hi, Please advise. We moved into a rented property very quickly as the current tenants wanted to move out asap. The landlord was on holiday and therefore unable to view the property before the exsisting tenants moved and we moved in. The current tenants wanted to sell their furniture to the couple that took over the flat they had came up with a sum of money. We said we wanted some of the furniture and would be willing to pay a sum of money. However we never received an inventory of what goods we would be getting, or had the chance to negotiate the price to what they estimated the value of their furniture. Upon moving into the property we were met with a back yard FULL of junk, clothes still in the wardrobe and when greater expecting the furniture left it was worn and torn with some not fit for purpose. We finally met our landlord who did a handover visit. He was apaulled by how they left the flat. We had to repaint every wall, skirting board and window ledge, change lights bulbs and the landlord had to put a carpet in. we've not even been in 5 months yet. They are now threatening to make a claim over the original sum of money we didn't agree to. Do they have a case? Thanks

Our Response:
If no sum of money was agreed, then it makes it very difficult for them to make a claim. Can you not just tell them they can have their furniture back and you don't want it? That should put an end to the dispute.
ContractsAndAgreements - 8-Feb-17 @ 11:57 AM
Hi, Please advise. We moved into a rented property very quickly as the current tenants wanted to move out asap. The landlord was on holiday and therefore unable to view the property before the exsisting tenants moved and we moved in. The current tenants wanted to sell their furniture to the couple that took over the flat they had came up with a sum of money. We said we wanted some of the furniture and would be willing to pay a sum of money. However we never received an inventory of what goods we would be getting, or had the chance to negotiate the price to what they estimated the value of their furniture. Upon moving into the property we were met with a back yard FULL of junk, clothes still in the wardrobe and when greater expecting the furniture left it was worn and torn with some not fit for purpose. We finally met our landlord who did a handover visit. He was apaulled by how they left the flat. We had to repaint every wall, skirting board and window ledge, change lights bulbs and the landlord had to put a carpet in.. we've not even been in 5 months yet.. They are now threatening to make a claim over the original sum of money we didn't agree to. Do they have a case? Thanks
Lol - 7-Feb-17 @ 9:11 PM
Bonnie - Your Question:
Two weeks ago I sold my house leaving lots of free extras such as curtain poles, curtains, blinds, light fittings etc, I had two large potted plants out side the front of the house that are friend wanted, we verbally agreed with the purchasers that the friend would collect them when they had arranged a suitable vehicle to get them into as they were very large. The husband said that this would not be a problem and that they could collect them any time. They collected them today exactly two weeks after we moved out, the purchaser is now threatening legal action as she states that they have trespassed and stolen property that is legally hers to keep. We had a verbal agreement and she had been really friendly during the purchase, appeared happy with all of the extra bits I left for free and at the price of the property that we had sold much under value for a quick sale. I feel very hurt and upset with her threats, where do I stand legally ?

Our Response:
Really, you should have just taken anything with you on your move date, which is effectively the date when everything is made legal. However, if you have any texts etc relating to the agreement to come and take the items, then as long as you have this proof it is unlikely your buyers would have any recourse through the small claims court. If you don't, then it is effectively your word against theirs and it could go either way.
ContractsAndAgreements - 7-Feb-17 @ 12:25 PM
Two weeks ago I sold my house leaving lots of free extras such as curtain poles, curtains, blinds, light fittings etc, I had two large potted plants out side the front of the house that are friend wanted, we verbally agreed with the purchasers that the friend would collect them when they had arranged a suitable vehicle to get them into as they were very large. The husband said that this would not be a problem and that they could collect them any time. They collected them today exactly two weeks after we moved out, the purchaser is now threatening legal action as she states that they have trespassed and stolen property that is legally hers to keep. We had a verbal agreement and she had been really friendly during the purchase, appeared happy with all of the extra bits I left for free and at the price of the property that we had sold much under value for a quick sale. I feel very hurt and upset with her threats, where do I stand legally ?
Bonnie - 6-Feb-17 @ 6:22 PM
anonymous - Your Question:
I have been working for a company since may 2013 - I had a verbal contract with them stating I would have 2 saturdays off each month - after three and a half years they have now finally produced a contract - but have stated in the contract you are now only allowed one saturday or one monday off each month as your additional day off to the sunday when the business is closed.i am told that the verbal contract no longer counts and that I have to accept the contract or resign.i have been told that if I do not sign the contract within 28 days I automatically agree to the contract.is this legal for them to do so?

Our Response:
No, your employer is acting out of line here. By working for 3.5 years to an agreed working week means regardless of whether you have received a written contract or not, the hours have been 'agreed' between you and your employer, therefore a contract is effectively in place. So, your employer is at fault here thinking it can change the terms. This means if you are dismissed as a result you could have a case for unfair dismissal. Should you need any further advice I suggest you give ACAS a call, as by forcing you to either resign if you do not accept the contract, or to say if you do not sign you have accepted the contract, is effectively bribery. You may wish to raise this as a grievance at work, please see link here.
ContractsAndAgreements - 3-Feb-17 @ 12:36 PM
i recently fell out with my manager over a misunderstanding - since then he has been excluding me, ignoring me unless he really has to speak to me and doing everything he possibly can to make my life at work very hard, i was asked to attend an investigatory meeting in regards to 7 allegations - two of which were typed up in correctly on the actual letter - i had the meeting and responded to all 7 allegations, after the meeting i was chatting with the HR lady and expressed that i felt this whole situation is completely emotion fuelled and had the manager and i not had a falling out, that none of this would be happening now as a number of the allegations were referring to when i initially started at the company over 3 years ago, the HR lady basically admitted this was the case... i have since received a letter to round up the investigatory meeting but it only has reference to one allegation...surely if they are going to put me through the stress of a 7 allegation investigatory meeting they need to reply to my responses for each allegation? i feel that i am being bullied within my workplace - although things have gotten slightly better now - i just don't know where i stand in regards to moving forward...it's as if the manager is no longer in a mood and it has been swept under the rug...what do i do..please help.
Anonymous - 2-Feb-17 @ 2:59 PM
I have been working for a company since may 2013 - I had a verbal contract with them stating i would have 2 saturdays off each month - after three and a half years they have now finally produced a contract - but have stated in the contract you are now only allowed one saturday or one monday off each month as your additional day off to the sunday when the business is closed...i am told that the verbal contract no longer counts and that i have to accept the contract or resign...i have been told that if i do not sign the contract within 28 days i automatically agree to the contract...is this legal for them to do so?
anonymous - 2-Feb-17 @ 2:52 PM
what else validates an oral/simple contract?
Sonny - 28-Jan-17 @ 5:24 PM
Hi a gym is stating I am in binding contract however when I joined the gym it wasn't a contract membership. I haven't received any emails, "letters or wasn't told over the phone that I was In a Contract so when I left and didn't pay they are saying I am binded and need to pay the remaining months. I have asked for proof of contract and that it was sent to me however, this hasn't been compiled with by the gym so where do I stand if I go to court? Also do you get a county court judgment if I do go to court or is that if I am found guilty and don't pay?? Hope you can help. Thank you
Racattack1 - 23-Jan-17 @ 4:02 PM
I've received a call from a debt collecting agency saying they have undertaken a claim from a publication agency for an advert I supposedly took out with them in 2015. I've never received any information by post/email and I genuinely have no recollection of any contact with them. The only confirmation they have is a recording of an alleged phone call when I'm supposed to have confirmed the order. The debt collector says if I don't pay immediately that will charge me 50% interest per day. The invoice is for £199. How do I stand? Thanks in advance for your help.. Rob
Bob - 19-Jan-17 @ 5:21 PM
Hi, thank you for your response to my question on the January 10th. I have read the mooring agreement that was given to us the day after we arrived and it does state that 3 months notice is required. But as we weren'tgiven the agreement until after we arrivedwe didn't know about the notice period. Also when I was given the mooring agreement it wasn't stated that that's what it was. It was handed to me by a secretary and she said it was their bank details if we wanted to set up a standing order. If we'd known about the notice period we would have tried to renegotiate a different arrangement or not taken the mooring at all. The Citizens Advice Bureau say it's my fault and I should have asked for the mooring agreement and basically I don't have a leg to stand on and the marina manager can use the courts/bailiffs to get the money for the 3 months notice period. Can they do this?When I spoke to the manager he just repeated that it's 3 months notice. Thanks in advance.
Susie Lou - 14-Jan-17 @ 3:35 PM
What about blackmail.. If a written statement is given that Photos and other items obtained for the use and intent of insult and abuse are not to be used if certain conditions are met - then after are share on media or within social community after they get what thay want. What is the value of holding a written agreement and what can be the consequence ?!
FAC - 14-Jan-17 @ 12:28 PM
Susie Lou - Your Question:
Hi I live on a narrowboat and in November 2016 my partner arranged for 2 months mooring at a marina which he paid for in full in advance. The mooring started from the 01/12/2016 and as we understood could be reviewed at the end of January. On the 4th of January I spoke to the manager and said that we would definitely be leaving at the end of January to be told that we can't leave without giving 3 months notice and if we left we would still be liable to pay for the 3 months.We didn't even know there was a mooring agreement until the day after we arrived. We also feel it is unreasonable to ask for a 3 month notice period when we specified that we wanted 2 months short term mooring. How do I handle this? Thanks.

Our Response:
I'm afraid you would really need to read the terms and conditions of your mooring agreement, which should have been issued to you at the time. Complaining directly should be your first course of action and if you are not satisfied with the result, then you should complain to the Waterways Ombudsman, link here, only if you are convinced you are in the right. If you have not received paperwork, then really it is up to you to try to solve the issue with the mooring company directly. The mooring company has no recourse to charge you a default if no paperwork was issued.
ContractsAndAgreements - 11-Jan-17 @ 10:04 AM
I entered into a 12 month contract leasing a taxi,there was a clauae in the contract saying if I cancel the contract before the end of the 12 months I would have to pay for the remainder term however the lessor as decided to pull out early. Are they allowed? There is nothing in the contract about them pulling out, can they cancel it early? There reason for doing so is it not making them enough money.
Anon - 11-Jan-17 @ 7:53 AM
Hi I live on a narrowboat and in November 2016 my partner arranged for 2 months mooring at a marina which he paid for in full in advance. The mooring started from the 01/12/2016 and as we understood could be reviewed at the end of January. On the 4th of January I spoke to the manager and said that we would definitely be leaving at the end of January to be told that we can't leave without giving 3 months notice and if we left we would still be liable to pay for the 3 months. We didn't even know there was a mooring agreement until the day after we arrived. We also feel it is unreasonable to ask for a 3 month notice period when we specified that we wanted 2 months short term mooring. How do I handle this? Thanks.
Susie Lou - 10-Jan-17 @ 3:33 AM
I agreed a new contract on the phonewith EE. As they were processing it they cut me off and when I rang back they said the bloke had made a mistake and they couldn't actually agree that deal. Now they won't honour it. Surely as both of us had agreed it is legally binding?
AdamL - 7-Jan-17 @ 6:13 PM
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Latest Comments
  • MN73
    Re: The Law & Verbal Agreements
    @Jim - he won't be able to sue you, but you might get a black mark against your name on the site you sold it from. Mark.
    27 February 2017
  • ContractsAndAgreements
    Re: The Law & Verbal Agreements
    Lovelyloz - Your Question:Hi I entered into a verbal agreement with a family friend to have a driveway and side wall put in we…
    27 February 2017
  • ContractsAndAgreements
    Re: What If I Don't Have a Written Contract With My Employer?
    Jem - Your Question:I worked in a company for a year I was started last Feb 2016 and I hot…
    27 February 2017
  • Jim
    Re: The Law & Verbal Agreements
    i promised to sell a hockey mask on a vintage hockey site to a buyer for $50.00 no money changed hands. Another buyer offered…
    26 February 2017
  • Reshma
    Re: The Law & Verbal Agreements
    I entered into a verbal contract with my mother. We agreed to purchase a car on finance and pay 50/50 on the car repayments…
    26 February 2017
  • Roachie
    Re: The Law & Verbal Agreements
    Hi, The rare bumper of my vehicle was damage so I took it to the garage for an estimate. I was later told to leave the vehicle…
    26 February 2017
  • Lovelyloz
    Re: The Law & Verbal Agreements
    Hi I entered into a verbal agreement with a family friend to have a driveway and side wall put in we paid all the money in…
    26 February 2017
  • Jem
    Re: What If I Don't Have a Written Contract With My Employer?
    I worked in a company for a year I was started last Feb 2016 and I hot my contract on march…
    26 February 2017
  • Nizthebiz
    Re: Intellectual Property Agreements
    I have signed a personal guarantee and a long term services agreement which had a non compete clause, the latter has now been…
    25 February 2017
  • Mand
    Re: Changing a Contract
    I tupe to a new employer on March 1st. I received a pay rise from my current employer on December 1st. Does my new employer have to honour this?
    24 February 2017
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