There’s a common belief that if it’s not in writing, it doesn’t count. But in North Carolina, that’s not always true.
Verbal agreements, sometimes called oral contracts, can be legally enforceable. But whether they actually hold up in court depends on the situation, the type of agreement, and the evidence available. Many disputes arise not because a verbal agreement is automatically invalid, but because proving its terms becomes the real challenge.
At The Law Offices of Delton Barnes, we regularly see cases where someone relied on a handshake deal, only to find out too late how fragile verbal agreements can be when conflict arises.
Yes, Verbal Agreements Can Be Legally Binding
Under North Carolina law, a contract does not have to be written to be valid. A verbal agreement may be enforceable if it includes the same basic elements required of any contract: an offer, acceptance, mutual intent to be bound, and something of value exchanged between the parties.
If both sides clearly agreed to specific terms and intended to create an agreement, the law may recognize it, even without a signature or paperwork.
However, legal recognition and courtroom success are not the same thing.
The Real Issue Is Proof, Not Validity
The biggest weakness of a verbal agreement is evidence. When disputes arise, courts rely on proof, not promises. Without written terms, the case often comes down to one person’s word against another’s.
Judges look for supporting evidence such as text messages, emails, invoices, witness testimony, payment records, or consistent behavior that supports the existence of an agreement. The more vague the terms, the harder it is to enforce.
This is why verbal agreements frequently fail in practice even when they are theoretically valid.
Some Agreements Must Be in Writing
North Carolina follows what’s known as the Statute of Frauds, which requires certain types of agreements to be in writing to be enforceable. These typically include contracts involving real estate, agreements that cannot be completed within one year, and promises to pay another person’s debt.
If an agreement falls into one of these categories and is not in writing, a court may refuse to enforce it entirely, regardless of what was verbally discussed.
This is where many people get caught off guard. They assume a verbal promise is enough, only to learn the law requires more.
Business and Employment Disputes Are Common Flashpoints
Verbal agreements often appear in business relationships, contractor arrangements, and employment settings. Disagreements about pay, scope of work, timelines, or termination frequently stem from informal conversations that were never documented.
In these cases, courts scrutinize patterns of conduct. Were payments made consistently? Did both parties act as though an agreement existed? Were expectations communicated clearly and repeatedly?
Even then, outcomes are unpredictable. Written contracts remove guesswork. Verbal ones invite it.
Why Courts Prefer Written Agreements
Courts don’t distrust verbal agreements, they distrust ambiguity. Written contracts clarify expectations, reduce disputes, and provide a clear reference point when things go wrong.
When an agreement is written, courts can interpret the language. When it’s verbal, courts must interpret people. That’s far more difficult and far less reliable.
This is why even strong verbal cases often face uphill battles.
What To Do If You’re in a Verbal Agreement Dispute
If you are involved in a dispute based on a verbal agreement, documentation becomes critical. Preserve any communications related to the agreement. Avoid making statements that could undermine your position. And seek legal advice before assuming the agreement is unenforceable, or ironclad.
Waiting too long or relying on assumptions can weaken an otherwise viable claim.
The Safer Path Forward
Verbal agreements may hold up in court, but they are never the safest option. If something matters, money, property, responsibility, or long-term obligation, it should be in writing.
At The Law Offices of Delton Barnes, we help clients assess whether a verbal agreement is enforceable under North Carolina law and what options exist when disputes arise. Understanding the limits of verbal contracts can save you from costly misunderstandings and legal trouble down the road.
In short, a handshake might still mean something, but in court, proof means everything.
Your Trusted Legal Partner
The Law Offices of Delton W. Barnes proudly serves the Cleveland, Gaston, and Lincoln Counties in North Carolina. Our team will empower you with expert legal counsel and unwavering support. Whether it’s a business dispute, personal injury, landlord-tenant disputes, or another conflict, our dedicated team is here to guide you through every step.
Call, 704-406-9416 and contact us today to schedule a consultation with one of our experienced attorneys.