In this week's Freedom Friday blog and email newsletter, we're wrapping up the series Top 5 in 2025, and today's Freedom Friday blog and email newsletter was the most popular topic from the Freedom Friday blog and email newsletter in 2024.  In today's Freedom Friday blog and email newsletter, I'm answering the question, “Can I be sued for breach of contract if I did not sign?”

The short answer to this question is yes, you can be sued for breach of contract if you did not sign or agree in writing, but you may have certain defenses.  For instance, if your agreement or contract is entirely verbal, it may not be enforceable because of 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 which requires more than one year to perform its terms must be in writing, and if you're sued for a verbal agreement and any of these situations apply, hire an attorney and they should file a motion to dismiss such a claim.

There are other situations where you did not “sign” a written contract, but you can still be sued for “breach of contract” or similar claims, e.g., indebtedness or suit on an open account.  For example, if you buy goods from a store or vendor, you can be sued for indebtedness on open accounts or open invoices.  While there is not a contract per se, the vendor you purchased the goods from made an offer, and by accepting their goods, you made an acceptance, and of course, since they told you the price in advance, there is consideration.

Lastly, if you are sued on a verbal agreement, there is also a three-year statute of limitations for the suit to be filed.  So, if the alleged breach was more than three (3) years ago, again, hire a lawyer and request your attorney move for dismissal.

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 [email protected] to schedule a FREE strategy session.

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