Many people assume that all contracts must be in writing to be valid, but in reality, verbal contracts can be legally enforceable in Oklahoma under certain circumstances. However, proving the terms and enforcing them can be more challenging compared to written agreements.
Are Verbal Contracts Legally Binding?
Yes, verbal contracts can be legally binding in Oklahoma. For a contract—written or oral—to be valid, it must include:
- Offer and Acceptance – One party makes an offer, and the other party accepts it.
- Consideration – Something of value must be exchanged (money, goods, or services).
- Mutual Agreement – Both parties agree to the terms.
- Legal Purpose – The contract cannot involve illegal activities.
- Capacity – Both parties must have the legal ability to enter into a contract (e.g., age and mental capacity).
If these elements are present, a verbal contract can hold up in court.
The Statute of Frauds in Oklahoma
Some contracts, however, must be in writing to be enforceable. Under Oklahoma’s Statute of Frauds, the following types of agreements must be in writing:
- Contracts involving the sale of real estate.
- Leases longer than one year.
- Agreements that cannot be performed within one year.
- Promises to pay another person’s debt.
- Certain contracts involving marriage or prenuptial agreements.
If a verbal agreement falls into one of these categories, it generally cannot be enforced unless there are written terms signed by the parties.
Challenges of Enforcing a Verbal Contract
Even when a verbal contract is enforceable, proving its terms can be difficult. Without a written document, disputes often become one party’s word against the other. Courts may look at:
- Witness testimony.
- Emails, texts, or other communications confirming the agreement.
- Evidence of payments, services performed, or goods exchanged.
The lack of written terms often leads to ambiguity and increased litigation costs.
When Should You Put It in Writing?
Although some verbal contracts are valid, it is always best to put agreements in writing—especially when dealing with:
- Large sums of money.
- Long-term commitments.
- Complex terms involving multiple parties.
A written agreement reduces confusion and creates clear evidence of the deal if a dispute arises.
Wagoner Business Lawyers
Verbal contracts can be enforceable in Oklahoma, but they are harder to prove and sometimes legally barred under the Statute of Frauds. Putting agreements in writing is the safest way to protect your interests and avoid future disputes. Our skilled counsel at Wagoner Attorneys is here to help. Call us at 918-283-7394 for a free consultation. Or you can follow this link to ask a free online legal question.
