Can I legally enforce an oral contract?
June 27, 2022 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
I am reaching out to you because I recently found myself in a situation where I am unsure if I can legally enforce an oral contract.
The background is as follows: A few weeks ago, I verbally agreed with my neighbor to purchase his old car. We agreed on a price and he assured me that he would transfer the car into my name in the following days.
However, he has suddenly changed his mind and claims that there was never a concrete contract. I am now faced with the problem that I have already paid for the car, but he refuses to hand it over to me.
I am worried that I have lost my money and I am wondering if I can legally take action against my neighbor to enforce the contract. Are there ways to prove and enforce an oral contract in court?
I would be very grateful if you could assist me in this matter.
Sincerely,
Rolf Ahlert.
Dear Mr. Ahlert,
Thank you for your inquiry and for trusting in my expertise in contract law. I am sorry to hear that you have found yourself in such an unpleasant situation. It is understandable that you are worried and want to enforce your right to the car for which you have already paid.
First and foremost, I would like to emphasize that an oral contract is just as valid as a written contract, as long as the essential elements of the contract, such as the subject of purchase, price, and parties involved, are clearly and unambiguously defined. In your case, you reached an agreement with your neighbor to purchase his car at a specific price, which constitutes a binding contract.
In order to enforce an oral contract in court, you must be able to prove the content and conditions of the contract. In your case, this could be done through witnesses who were present during your agreement with your neighbor and can confirm the details of the contract. Therefore, it is important that you gather all relevant facts and information that can help prove the oral contract in court.
Furthermore, the correspondence between you and your neighbor, such as messages or emails, could also serve as evidence. If you have payment receipts or other written documents proving that you have already paid for the car, you should also keep and be able to present these.
If your neighbor continues to insist that there was never a specific contract, it may be necessary to take legal action against him. You could consider filing a lawsuit for the fulfillment of the contract or damages for non-performance of the contract. In such a case, it would be advisable to be represented by a lawyer who can support you in a potential court case.
In conclusion, it is possible to enforce an oral contract in court as long as you can provide sufficient evidence of the formation of the contract. I hope this information helps you and I am available to assist you further in this matter.
Sincerely,
Mia Schulz, Attorney at Law
