Can a Verbal Agreement Be Enforced in Washington Courts?

While written contracts offer a clear, documented form of agreement, verbal contracts can also be binding in Washington State under certain circumstances. In theory, an oral contract can hold the same legal weight as a written one if it meets specific requirements. However, proving a verbal agreement can be challenging and may depend on the nature of the contract, the evidence available, and the interpretation of Washington’s contract laws. Here’s what you need to know about the enforceability of verbal agreements in Washington courts.

When Are Verbal Agreements Enforceable?

For a contract—whether written or oral—to be enforceable, it generally must satisfy the basic requirements of a binding agreement. These include an offer, acceptance, consideration (something of value exchanged between the parties), mutual intent to enter into the agreement, and clarity on the essential terms. If an oral agreement meets these criteria, Washington courts may recognize it as legally binding.

However, certain types of agreements must be in writing to be enforceable, as required by Washington’s Statute of Frauds. This statute covers contracts that involve real estate transactions, agreements that cannot be performed within one year, contracts for the sale of goods valued at over $500, and certain commitments like promises to pay someone else’s debt. If a verbal agreement falls into one of these categories, it must be documented in writing to be valid in court.

Challenges of Proving a Verbal Agreement

While a verbal agreement may meet legal criteria, proving its existence and terms in court can be difficult. With no written record, courts rely heavily on witness testimony, communications, and conduct that imply the agreement’s terms. These cases can become a matter of “he said, she said,” where each party has conflicting accounts of the arrangement.

Courts may look for additional evidence that supports the agreement, such as:

  • Witnesses who can testify to the terms discussed between the parties.
  • Records of emails, texts, or other communications that indicate the terms of the agreement.
  • Evidence of performance or actions taken by one or both parties that align with the claimed agreement.

The lack of written evidence often creates uncertainty, which can lead courts to rule against enforcing the verbal contract, especially if there is insufficient proof of its terms.

Tips for Relying on a Verbal Agreement

If you find yourself in a situation where a verbal agreement is necessary, there are steps you can take to strengthen its enforceability:

  1. Document Key Points: Follow up the verbal agreement with written confirmation, such as an email or text summarizing the terms discussed. This serves as a record and can support your case if a dispute arises.
  2. Include Witnesses: If possible, involve third-party witnesses who can attest to the agreement’s terms. Their testimony may serve as corroborative evidence in court.
  3. Demonstrate Good Faith Actions: Take actions that clearly show compliance with the agreement’s terms, such as making partial payments, delivering goods, or beginning work. These actions may signal to the court that a genuine agreement was in place.
  4. Seek Legal Advice Early: If a verbal agreement involves substantial obligations or long-term commitments, consider consulting an attorney to formalize the agreement in writing. A lawyer can ensure that all terms are clear, legally enforceable, and properly documented.

While Washington courts may recognize some verbal agreements, the burden of proof lies heavily on the party seeking enforcement. When the terms or existence of a verbal contract are disputed, legal guidance can be crucial to navigate the complexities of contract law. At the Law Office of Erin Bradley McAleer, we help clients address contract issues and provide clear advice on enforcing agreements in Washington. If you’re facing a contract dispute or need help formalizing an agreement, contact us at (360) 334-6277 to discuss your options.