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An unconditional verbal offer becomes legally binding and enforceable on its acceptance, just like a written offer. However, certain offers, such as in a real estate sale or purchase, must be made in writing.
A contract is a legally enforceable promise between you and the seller. It describes the responsibility buyers and sellers have to each other when goods or services are exchanged. Contracts can be written, oral, or even implied. A binding contact can be a lease on an apartment or a purchase order for a new car.
A court may not enforce an oral contract if one or both parties lack competency or legal capacity. Examples of situations where parties may be deemed incompetent or lacking legal capacity include: If one or both parties were under the influence of alcohol or other incapacitating substances.
A debt collector may not commence a collection action more than 6 years after the date of the consumer's last activity on the debt. This limitations period applies notwithstanding any other applicable statute of limitations, unless a shorter limitations period is provided under the laws of this State.
Does a verbal agreement override a written contract? The short and simple answer to this question is no. For that reason and several others outlined below, a written contract will almost always be easier to enforce than a verbal agreement.
Put simply: yes. From a legal standpoint, verbal contracts can often be as valid as written contracts. They may be extremely difficult to regulate but you should find comfort in knowing that there are applicable state and federal laws that can help enforce such contracts and protect your legal rights.
For real estate purchasers and sellers, the risk of loss doctrine governs whether the seller or the purchaser assumes the risk of the property being damaged or destroyed between contract execution and closing.