In Oklahoma, a verbal contract—also called an oral agreement—can be legally enforceable under certain conditions. However, that doesn’t always mean they’re a good idea or should be an alternative to written contracts. Understanding when they are valid and how to prove them is important for avoiding legal disputes.
What Makes a Contract Valid in Oklahoma?
Whether written or oral, a valid contract generally must include:
- Offer and Acceptance – One party offers terms, and the other accepts.
- Consideration – Something of value must be exchanged, such as money, goods, or services.
- Mutual Consent – Both parties agree to the same terms.
- Capacity and Legality – Both parties must have the legal ability to contract, and the subject must be legal.
If these elements exist, Oklahoma law may recognize the contract, even if it’s verbal.
The Statute of Frauds
Certain contracts must be in writing to be enforceable under Oklahoma’s Statute of Frauds. These include:
- Contracts for 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.
- Marriage-related contracts, such as prenuptial agreements.
If a verbal agreement falls into one of these categories, it generally won’t hold up in court without a written document.
Proving a Verbal Contract
The biggest challenge with oral agreements is proving their existence and terms. Courts may rely on:
- Witness testimony.
- Emails, text messages, or other communications referencing the deal.
- Evidence of payments or partial performance of the contract.
The more evidence you have, the stronger your case will be.
Risks of Relying on Verbal Agreements
Even when enforceable, oral agreements are risky because:
- People may interpret terms differently.
- Memory fades over time, leading to disputes.
- Courts often prefer clear, written evidence.
Whenever possible, putting agreements in writing is the best way to avoid misunderstandings.
Claremore Business Attorneys
Verbal contracts in Oklahoma can be legally enforceable if they meet basic contract requirements and don’t fall under categories requiring a written document. However, proving them can be difficult and often depends on supporting evidence. For a free consultation with an attorney at Kania Law – Claremore attorneys’ law office, call 918-379-4872. Or you can click here to ask a free online legal question.