Visitor Question

Is a verbal agreement binding in a settlement?

Submitted By: Anonymous (USA)

I agreed to the settlement currently on the table but since then I’ve changed my mind. I have not yet signed any papers or releases, everything is verbal at this point. Is that binding?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

The simple answer is NO.

The only concern would be if your verbal agreement was taken down by a court reporter, or if it came during a recorded deposition. Even then, 99% of the time to be enforceable your agreement would have to be in writing.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 13, 2011

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2 thoughts on “Is a verbal agreement binding in a settlement?

  1. My Cousin Died Recently as Myself and My Aunt went to the wake. During Brunch my Aunt (Executor) Specifically Told me That Due to Spending Time with my Cousin and Seeing Him Last, and Due To My Financial Hardship She Agreed That I Would Receive The House (a two family).

    She Said That “This Will Help You Out.” Also She Promised Me His Car. The Car Went to my Brother and She Decided to Sell The House. I Always Loved This House and My Cousin Offered it to me before he Died.

    Fact: My Aunt Did Not Want Anything to do With My Cousin, and Second She Knew How Important it was for Me to Receive His House. Now i am left with with nothing and may LOSE EVERYTHING!

    1. An agreement involving real property falls under the Statute of Frauds and must be in writing describing the property precisely.

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