Texas Proud
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
- Joined
- May 16, 2005
- Messages
- 17,310
All agreements require the agreement of both parties otherwise no agreement. Typically verbal agreement issues arise upfront before the written agreement is drafted or via some verbal term/provision/representation from one of the parties that wasn't captured in the agreement and the other party relied upon it. Nevertheless, verbal agreements agreed by both parties are valid, but such verbal agreements can be difficult to prove without evidence. The other thing that complicates disputes on matters like this is that state laws vary in how agreements are interpreted and when disputes occur even a local venue can affect the outcome. As I indicated, there should be a clear provision in an agreement that disclaims the validity of any verbal agreements and that all amendments must be in writing, but that may not always be the case.
I looked it up and from what I can find out.... it kinda is what I said but kinda what you said....
I read at one place that said in Texas you could verbally change a contract IF BOTH PARTIES AGREE, even if there is a clause that said all changes must be in writing... that is kinda what I said... it is only when one of them does not agree (maybe they did at one time, but now are saying they did not) does the written aspect come into play...
And like I said, if both parties do agree then it does not go to court... well, except for one I read where one of the parties died and their spouse was trying to enforce the agreement...