Does a Contract Have to Be Written In Order to Be Enforceable in San Diego?

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Here in San Diego, and across California it is not necessary for a contract to be in writing in order to be enforceable, unless the contract involves the sale of goods exceeding $500 in value, and in a few other limited cases.  “Oral Agreements” can be as enforceable as written contracts, however, the nature of these cases and the underlying agreement(s) require substantial evidence and it is important to work with an experienced contract attorney with the expertise to present and protect your interests in the matter.  Oral contracts can either be “expressed” or “implied”.  “Expressed” agreements encompass those where a clear agreement was verbally committed to by the parties, while an “Implied” agreement is demonstrated by the subsequent actions or conduct of the parties.  There are specific time limitations (often one year) for oral agreements, and there are strict laws in California about the use of fraud or “trickery” on the part of one of the parties to avoid the necessity of a written contract.  If you have an oral agreement and are concerned about the performance of the other party or have become involved in a dispute I invite you to call us for a free consultation at 858-535-1511.  We discuss your unique situation, and work together to determine the best path forward.