Legal Question in Construction Law in California

Is a verbal agreement legally binding in the state of California?


Asked on 5/02/11, 11:07 am

6 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Yes, except as to the transfer of real estate.

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Answered on 5/02/11, 11:16 am
Gary Redenbacher Redenbacher & Brown, LLP

Generally. There are a few contracts that must be in writing, the big one being transfer of real estate. The big problem is that a verbal contract is harder to prove.

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Answered on 5/02/11, 11:19 am
David Gibbs The Gibbs Law Firm, APC

There are some exceptions - transfer of real property being one. It really depends on what you are trying to agree to. I would suggest that you consult with an attorney providing specifics as to what the oral agreement is attempting to do to determine its enforceability.

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Answered on 5/02/11, 11:19 am

Since you asked this under Construction Law, I would add that a construction contract for over $500, although generally enforceable, would be a violation of the Contractor's State License law and regulations, and would subject the contractor to license discipline, it would also probably be a violation of the terms of the license bond, and lastly, because it is a violation of the law most courts would decide any dispute over the contract's terms in favor of the other party unless there was very strong evidence for the contractor's position.

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Answered on 5/02/11, 11:43 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

See Civil Code seection 1624 for California's basic "Statute of Frauds" which lists contracts that supposedly must be in a signed writing. There are a few others in other codes, such as the Commercial Code, Business & Professions Code, etc. "Statute of Frauds" is an old term for a law requiring certain contracts to be in writing in order to prevent fraudulent claims arising from alleged oral agreements.

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Answered on 5/02/11, 12:03 pm
William Stern William Stern, P.C.

I think it was Sam Goldwyn who said an oral contract is not worth the paper it's printed on.

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Answered on 5/02/11, 5:28 pm


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