We are back from a short break and ready to continue the Freedom Friday blog and email newsletter. In today’s Freedom Friday blog and email newsletter, I want to talk about a topic that comes up a lot with prospective clients, and that’s whether or not you can sue for breach of a verbal agreement. I get a lot of inquiries and prospective clients who had some verbal agreement with another person, that person did not fulfill their end of the agreement, and the prospective client wants to sue. So, in today’s Freedom Friday blog and email newsletter I’m answering the question, “Can I Sue for Breach of Verbal Agreement in Oklahoma?”
The short answer to this question is yes, you can sue for breach of verbal agreement in Oklahoma, especially if the verbal agreement is supported by text messages and/or emails. 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’re seeking to enforce a verbal agreement, you can prove these elements by text messages, emails, invoices, receipts, proof of partial performance, witnesses to conversations between the parties, and even the parties’ past dealings.
However, there are exceptions and certain defenses to what might be an otherwise valid and enforceable verbal agreement. In Oklahoma, we have a statute of frauds, which provides that any contract or agreement involving the sale or lease of real property, the 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 its been more than three (3) years from the date of the alleged breach, hire an attorney and request that 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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