Legal Question in Business Law in Illinois
Does a verbal hand shake agreement have the same legal standing as a signed agreement?
3 Answers from Attorneys
As a franchise attorney, I can say most oral agreements are just as legal as a written agreement. In some cases (like the sale of land, for example) a writing is usually required. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
The naswer depends on whether the Stute of Frauds would apply. That statute requires that certain kinds of contracts be in writing.
Try doing an internet search for "statute of frauds my legs." This will give you the mnemonic for which contracts must be in writing to be enforceable. Even if the statute of frauds does not apply, any enforcement of an oral agreement will be hampered by "he said she said" defenses.
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