Answer FileBusiness Law

Is a verbal agreement legally binding in California?

The answer, cited

Generally yes, California enforces oral contracts, but the statute of frauds (Civil Code section 1624) requires a writing for certain deals: contracts that cannot be performed within a year, real estate sales and leases over one year, promises to answer for another's debt, and sales of goods of $500 or more (Commercial Code section 2201).

An oral agreement with offer, acceptance, and consideration is a contract, and California courts enforce them. The obstacles are categorical and practical. Categorically, the statute of frauds (Civil Code section 1624) makes certain agreements unenforceable without a signed writing: contracts not to be performed within a year, sales of real property and leases longer than a year, promises to answer for another person's debt, and others; sales of goods at $500 or more need a writing under Commercial Code section 2201. Doctrines soften the rule: part performance, promissory estoppel, and a party's admission can salvage an unwritten deal, and a chain of emails or texts can itself supply the required writing. Practically, oral contracts carry a two-year limitation period (Code of Civil Procedure section 339) versus four for written ones (section 337), and proof depends on conduct: invoices, payments, and course of dealing. The durable move for any ongoing handshake arrangement is a confirming memo now, before a dispute hardens memories.

Authority: Cal. Civ. Code § 1624

Source: Cal. Civ. Code § 1624 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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