Is a Verbal Agreement Binding in South Carolina

When it comes to legal agreements, it`s always best to get things in writing. Verbal agreements can be problematic, especially if there is a dispute over the terms of the agreement. In South Carolina, verbal agreements can be binding in certain situations, but it`s important to understand the limitations of these types of agreements.

Generally speaking, a verbal agreement is a contract that is made verbally between two or more parties. These types of agreements can be made in person, over the phone, or even via email or text message. In South Carolina, verbal agreements are generally enforceable, but they need to meet certain requirements in order to be legally binding.

First and foremost, a verbal agreement must contain all of the essential terms of the contract. This means that the parties must agree on the "who, what, when, where, and how" of the agreement. For example, if two parties agree to sell a car, the verbal agreement should specify who is buying the car, how much the car is being sold for, and when the transfer of the car will take place.

Additionally, both parties must have the capacity to enter into the agreement. This means that they must be of legal age and not under duress or undue influence. For example, if someone is coerced into agreeing to an oral contract, the contract may not be binding.

It`s also important to note that certain types of agreements must be in writing in South Carolina in order to be enforceable. These include contracts for the sale of goods worth $500 or more, real estate contracts, and contracts that cannot be performed within one year.

If there is a dispute over a verbal agreement, it can be difficult to prove the terms of the contract without a written record. This is why it`s always best to get important agreements in writing. However, if you do enter into a verbal agreement, it`s important to keep detailed notes of what was agreed upon, when the agreement was made, and who was present.

In conclusion, while verbal agreements can be binding in South Carolina, they come with limitations. Always try to get important agreements in writing and make sure all of the essential terms are clearly specified. If you do enter into a verbal agreement, be sure to keep detailed notes to protect yourself in case of a dispute.