Are oral agreements enforceable?
Many freelancers rely on oral contracts. And guess what, in most cases, those freelance contracts will absolutely be enforceable in court. That’s because you only need three things to create a legally binding agreement and a writing isn’t one of the three things.
When a “Writing” is Better
Although most oral freelance contracts are enforceable, you should use written freelance contracts whenever possible.
The issue with oral contracts is that they usually don’t include all the important stuff you should put in your contract and if a dispute arises, it is extremely hard to prove what the terms are. That’s why it’s usually best to put your contract into a physical or digital writing.
You can use physical paper or just create a digital contract using a freelance contract platform like Contract Canvas. Create your first contract for free »
When is a “Writing” Required
In a small number of situations, you must put your contract in writing. This is usually for things like debts, marriage, land, etc. Research your state’s Statute of Frauds to learn more.
The Creators Guide to Client Agreements
Download this free 22-page guide to learn everything you need to know about client agreements. We dive into the most common client agreement terms, how to review and negotiate contracts, and more.
There’s so much more to learn! Here are a few related guides you should read:
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This article is very general in nature and does not constitute legal advice.