The developer argued that the previous owner`s verbal agreement should apply to new owners. Before an oral contract dispute is initiated, you should take a moment to confirm that you have actually entered into a contract. The difficulty with oral agreements is that it is possible that two parties may be on different sites. It is also a good practice to have a disclosure document as part of the sales contract that explains the condition of the property in order to eliminate any disputes concerning the maintenance required by the seller after the sale. It would simply be far too complicated to verbally manage such an agreement and would allow endless opportunities for disagreement on a very valuable asset. The party wishing to implement the agreement has the difficult task of proving the terms of the agreement and the existence of an oral agreement. For a verbal agreement to be binding, the elements of a valid contract must be present. To illustrate how the elements of a contract create binding conditions in an oral agreement, we use the example of a man who borrows $200 from his aunt to replace a flat tire. (1) All agreements should be written down in a properly developed contract. Oral agreements should be avoided at all costs. Most oral contracts are legally binding. There are a few exceptions, however, depending on the design of the agreement and the purpose of the contract.
In many cases, it is best to draft a written agreement to avoid litigation. A verbal agreement is a contract, even if it is not available in writing. Provided the contract is valid, it is a binding agreement between two parties. While some oral contracts are considered enforceable, they are problematic and complicated. Oral agreements in South Africa are generally as binding and valid as written agreements. Of course, it`s a bad idea not to record your agreements in writing – oral agreements are a recipe for doubt and disputes, and proof of the exact terms agreed will be a challenge, if not impossible. So if you suffered a loss because an oral contract was breached, you have legal action to claim damages. However, collecting evidence on the terms of your contract is probably more complex and time-consuming than a written agreement. 2. In case you can`t not make an oral agreement, make sure you keep correspondence records and notes on what has been agreed, and then follow the other party with an email or letter confirming the terms.