Is anverbal agreement enforceable?

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Is anverbal agreement enforceable?

I purchased a set of tires for a friends vehicle, there was only a verbal agreement that the money would be paid back. I have all original paperwork that indicates these tires were purchased by me and installed on the friends vehicle. If I decided to go to small claims court would the nature of the item itself prove to be not a gift?

Asked on November 21, 2010 under Bankruptcy Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have what is known as an oral or verbal contract here.  Verbal contracts are enforceable under the law as long as you can prove the terms of the contract and as long as the contract does not violate the statute of frauds, which is a law that states that certain contracts must be in writing.  The nature of the item does not necessarily make it better or worse to prove that it was not a gift, although in some instances it could help sway a judge.  You have to be able to tell the judge what the terms of the contract were and the terms of repayment.  Witnesses to the agreement are a plus.  Good luck.


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