In today’s Freedom Friday blog and email newsletter, I want to talk about another topic that I am not asked about enough, but some clients and prospective clients have told me it’s a very popular topic, and that’s whether verbal (or non-written) contracts and agreements, and if these can be enforced or not in Oklahoma. I have both prosecuted and defended clients over verbal and/or non-written contracts and agreements, including those where the basis of the contract or agreement was via text messages or emails. In today’s Freedom Friday blog and email newsletter I’m answering the question, “Are verbal agreements enforceable in Oklahoma?”
The short answer to this question is yes, verbal agreements are enforceable in Oklahoma. If you can show that the agreement meets the basic elements of a contract which are an offer, acceptance, consideration, and mutual intent to be bound, then you may have an enforceable verbal agreement in Oklahoma. If you are seeking to enforce a verbal agreement, you can prove these elements by text messages, emails, invoices or other receipts, proof of partial performance, witnesses to conversations between the parties, and even the parties’ past dealings can help prove that an agreement exists.
However, there might also be certain defenses to an otherwise enforceable verbal agreement, such as the statute of frauds. In Oklahoma, any contract or agreement regarding real property, sale of goods for more than $500.00, a guarantee of a debt by a third party, or any agreement that requires more than one (1) year to perform its terms must be in writing.
Also, verbal agreements have a three (3) year statute of limitations in Oklahoma, so if you’re sued on a verbal agreement and it’s been more than three (3) years from the date of the alleged breach, hire a lawyer and request your attorney file a motion to dismiss.
Thinking about starting a small business? Or maybe your small business is having issues with contracts, leases, business partners, collection issues, or experiencing other barriers to growth? Please contact me at Jonathan@libertylegalok.com to schedule a FREE strategy session.
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