Can I Sue for Breach of Verbal Contract?
Breach of contract is a legal action that can be pursued if an agreement is not honored by one or more parties that were involved in the contract. Contracts are usually written to ensure that all parties understand the agreement was legal and binding. There are certain contracts that must be in writing under Texas law including real estate sales, leases, and commissions for oil and gas drilling. However, there are some contracts that are agreed upon verbally and treated the same as written contracts. If a person does not fulfill their part of the verbal contract, there may be grounds to sue—but it will depend on the overall nature of the agreement and stipulations involved.
If you believe another party violated your valid verbal contract, do not hesitate to get legal help you can trust. Contact the Texas commercial litigation lawyers at Arnold & Itkin by calling us today at (888) 493-1629.
Proving a Breach of Contract Without a Written Agreement
In cases where breach of contract has occurred but there is no written agreement, the burden of proof and evidence rests entirely on the party who is trying to sue the defendant. That means the offending party doesn’t have to prove their innocence, but instead the plaintiff must prove their indisputable guilt. In Texas, certain contracts can be enforceable regardless of whether it was made orally or in writing.
To do so, you must be able to prove the existence of several key elements:
- The offer;
- Acceptance of the offer's terms;
- Meeting of the minds between the parties; and
- Exchange of consideration as a result of the agreement.
This may be difficult to prove without a paper trail, but it is certainly possible. It is also important to keep in mind that if an individual was never aware of the fact that a verbal agreement was legally binding, they likely cannot be held liable. Every case will involve different factors that require extensive investigation and assessment. That is why having a qualified attorney behind your case during this time can be so crucial.
What to Do If You Think You Have a Breach of Verbal Contract Case
These steps can help you create a strong and compelling case in court:
- Start organizing your case
- Gather all your documentation and evidence
- Preserve original documents when at all possible
- Utilize credible witnesses
- Maintain your integrity and honesty
Even basic steps like compiling evidence and finding witnesses to support your case can be challenging. That is why the team of commercial litigation lawyers at Arnold & Itkin is here to offer the counsel and support you need to resolve your breach of verbal contract case.
Trust Your Litigation Matter to Our Award-Winning Attorneys
While putting all business agreements in writing is highly advisable, sometimes only a verbal contract has been created. Even in these cases, our contract attorneys can help you protect your rights and enforce the agreed upon contract. When you come to us, we get to work quickly filing a breach-of-contract lawsuit on your behalf. Our goal is to enforce the contractual obligations so that you can move on. Arnold & Itkin has handled countless cases over the years and recovered billions of dollars. We know how to stand up for our clients and bring forward powerful cases.
Protect your rights. Call our firm or fill out a free case evaluation.