Legal Question in Real Estate Law in California
oral agreement
Contract states ''all addendas to be in writing and signed by both parties'' , would an oral agreement , which was never reduced to signed agreement, hold in a court of law ?
2 Answers from Attorneys
Re: oral agreement
It would depend upon the subject of the oral agreement (i.e., what was the oral agreement about), and whether all other dealings between the parties were in writing, or whether the parties regularly made oral changes to the original contract. However, as a general rule, if the contract is "integrated," (meaning that there is a provision that says all changes or amendments must be in writing), oral changes are more difficult, and may even be impossible, to enforce.
Re: oral agreement
You have a problem, but it depends on the circumstances. You will have better luck if the parties never acted like this provision applied. You may be able to get a court to look at the situation anyway.
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