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The warning "get it in writing" is good advice, but it should not be construed to mean that oral agreements are worthless. Few contracts must be in writing to be valid and enforceable. In Arizona, common examples of contracts that must be in writing include agreements for the sale of real estate and leases for a term longer than one year. Even these contracts, and others that generally must be in writing, nevertheless may be enforceable under exceptions to the written-contract rules. For example, if you did what was required of you under an agreement that should have been in writing, the other party to the oral agreement generally cannot avoid enforcement of the contract even though it should have been in writing. If you performed your obligations, the other party typically cannot object just because the contract never was reduced to writing. Fairness still plays a role. The so-called technical defense does not always prevail. In virtually all situations, it is wise to create a written contract. The terms of an agreement, including the rights and duties of all parties to it, are more easily determined. Misunderstandings, disagreements and problems of proof occur less often when contracts are written. With oral agreements, one person's word often collides with another's regarding important terms, or whether there was an agreement at all. Direct your questions regarding the validity of any agreement to a lawyer experienced in contract matters. If you have a claim for breach of contract involving relatively small sums of money, you may file an action to enforce it in the Small Claims Division of Arizona's Justice of the Peace Courts. If your claim is somewhat greater, you may use the Justice Court. Court fees in these courts are modest, and procedures generally are simpler than in other courts. You need not hire a lawyer to represent you. Get your agreement in writing if you can. However, do not assume all is lost if you do not. |