Verbal Agreement in Kansas: What You Need to Know

In Kansas, a verbal agreement is legally binding in certain situations. However, it is important to understand the limitations and requirements for verbal agreements under Kansas law.

What is a Verbal Agreement?

A verbal agreement is a contract that is made orally, without any written documentation. It is an agreement between two or more parties that outlines the terms of a transaction or agreement.

When is a Verbal Agreement Legally Binding in Kansas?

In Kansas, a verbal agreement is legally binding when it meets certain requirements. These requirements include:

1. Mutual agreement: All parties must agree to the terms of the agreement.

2. Consideration: The agreement must involve an exchange of something of value, such as money or goods.

3. Intention to create a binding agreement: The parties must have intended to create a legally binding agreement.

4. Capacity: All parties must have the legal capacity to enter into a contract.

5. Statute of Frauds: The agreement cannot be subject to the statute of frauds, which requires certain contracts to be in writing, such as contracts for the sale of real property.

It is important to note that verbal agreements are not always enforceable in court. If a dispute arises, it can be difficult to prove the terms of the agreement without any written documentation.

How to Protect Yourself When Making Verbal Agreements in Kansas

To protect yourself when making verbal agreements in Kansas, it is important to follow these tips:

1. Put the agreement in writing: Even if a verbal agreement is legally binding, it is always better to have the terms of the agreement in writing. This will help to clarify the terms of the agreement and make it easier to enforce.

2. Keep records: Keep a record of any communications or discussions related to the agreement, including emails, text messages, and phone calls.

3. Seek legal advice: If you are unsure about the legality of a verbal agreement, seek legal advice from a qualified attorney.

In Conclusion

A verbal agreement can be legally binding in Kansas under certain circumstances. However, it is important to understand the limitations and requirements for verbal agreements under Kansas law. To protect yourself, it is always best to put the agreement in writing and keep records of any communications related to the agreement. If you have any questions or concerns about verbal agreements in Kansas, seek legal advice from a qualified attorney.