What are the consequences of a contract without written form?
May 3, 2023 | 40,00 EUR | answered by Konrad Höfer
Dear Lawyer,
I am reaching out to you because I urgently need advice regarding a contractual matter. My name is Johann Jung and I have recently found myself in a situation that is causing me a lot of uncertainty. I have entered into a contract with a service provider, however, this agreement was made verbally and not in writing. Now I am concerned about the consequences of a contract without written documentation.
The situation is as follows: My service provider and I have agreed on certain services and payments, but this was only discussed verbally and not documented in writing. Now I fear that there may be misunderstandings or disputes because the exact agreements are not documented.
Therefore, I am wondering what consequences a contract without written documentation may have. Are there any legal restrictions or risks that I should be aware of? How can I best protect myself in this situation and what steps should I take next?
I thank you in advance for your support and look forward to your expert advice.
Sincerely,
Johann Jung
Dear Mr. Jung,
Thank you for your inquiry and your trust in my legal expertise. It is understandable that you are concerned about the consequences of an orally concluded contract. Indeed, a contract without written form can bring some risks, as the exact agreements are not clearly documented. In such cases, misunderstandings or disputes may arise, as the parties may have different memories or interpretations of the agreements made.
In general, an orally concluded contract is legally valid and binding. However, in case of a dispute, it may be difficult to prove the exact agreements, as there is no written record. This can make the burden of proof more demanding and harder to defend your position. However, there are some ways you can best protect yourself in this situation.
First of all, I recommend documenting all relevant information and conversations with your service provider in writing. This can be done in the form of emails, notes, or logs summarizing the agreements made. This way, you have at least some documentation that can serve as evidence in case of a dispute.
Furthermore, you can try to create a written contract retrospectively and have it signed by your service provider. This contract should include all essential points of the oral agreement to avoid misunderstandings and provide clarity.
If disputes do arise, I recommend seeking legal advice early on to assess your legal options and take appropriate steps. An experienced lawyer can help you represent your interests and find a solution that meets your needs.
Finally, I want to emphasize that it is always advisable to conclude contracts in writing to minimize potential risks and avoid legal disputes. I hope that my answer was helpful to you and I am available for further questions.
Best regards,
Konrad Höfer, Lawyer
