Why Putting It In Writing Matters
Agreements help define expectations and protect all parties involved but when it comes to verbal vs. written agreements, there’s a huge difference in how enforceable and reliable they are.
While a handshake or spoken promise might feel good, relying on verbal agreements can be risky, especially if disputes arise. In other words: “It’s good until it is not.” This article explores the risks of verbal agreements and why you should always “get it in writing”.
There are several issues with verbal agreements:
1. Hard to Prove in Court: One of the biggest issues with verbal agreements is that they lack a paper trail. If a dispute arises, it becomes a “he said, she said” situation, making it difficult to enforce.
2. Memory Can Be Unreliable: People often forget details over time or misinterpret what was agreed upon. A written contract ensures that all terms are clear and unchangeable.
3. Loopholes & Misunderstandings: Without a clearly defined agreement, parties may have different understandings of obligations, deadlines, or payment terms.
4. Some Agreements MUST Be in Writing: Every state has Statutes of Frauds—laws requiring that certain contracts must be in writing to be enforceable, such as real estate agreements, contracts lasting over a year, or agreements involving large sums of money. Check your local laws because if you rely on a verbal contract for one of these, it won’t hold up in court.
Even if you start with a written contract, changing the terms verbally is just as risky. If one party later denies the amendment, you have no proof that changes were agreed upon. Here are some examples of why it is equally important to avoid verbal amendments to your lease:
Your landlord verbally agrees to lower your rent but later demands the original amount.
Your property manager agrees that the slight carpet damage identified during your move-in inspection is not your responsibility and then deducts an amount for that carpet repair from your security deposit.
Your landlord tells you that he will extend your lease for the next year, but then gets a tenant that will pay more and tells you that your lease will end according to the original contract.
As a reminder, always document any amendments in writing and make sure they are signed by both parties.
To avoid disputes and any potential legal troubles, you should follow these best practices:
Put all agreements in writing—even for small details
Include key terms—who, what, when, and how much
Get signatures from all parties
Use email, text, or other written communication to confirm any verbal discussions
While verbal agreements may seem convenient and friendly, they can often lead to misunderstandings, broken promises, and legal battles. A written contract is the safest way to protect your rights - If it matters, put it in writing! LeaseWisely, my friends.
