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Verbal Agreements in South Africa

Verbal Agreements in South Africa: What You Need to Know

In South Africa, verbal agreements are legally binding. This means that when two or more parties agree on something orally, without putting anything in writing, they are both legally bound to fulfill their part of the agreement.

While verbal agreements are binding, they can be difficult to enforce. Since there is no written record of the terms of the agreement, it can be difficult to prove what was agreed upon. This is why it is always recommended to put agreements in writing, to ensure that everyone is on the same page and there is no room for misinterpretation.

However, verbal agreements can still be used in certain circumstances, such as in informal agreements between family members or friends. In these cases, it is important to have some form of evidence to support the terms of the agreement. This could include emails, text messages, or even witness statements.

If a dispute arises with a verbal agreement, it is important to seek legal advice as soon as possible. A lawyer can help you determine whether you have a case and what steps you can take to enforce the agreement.

It is also important to note that some types of contracts must be in writing to be legally binding in South Africa. These include contracts for the sale of immovable property, suretyship agreements, and credit agreements.

In conclusion, while verbal agreements are legally binding in South Africa, they can be difficult to enforce without written evidence of the terms of the agreement. It is always recommended to put agreements in writing to avoid any misunderstandings or disputes down the line. When in doubt, seek legal advice to ensure that your rights are protected.