Legal Question in Real Estate Law in New York

On verbal agrements

How binding is a verbal agrement beetween Landlord&tenent with evidence (witnesses)?


Asked on 1/04/02, 1:05 am

1 Answer from Attorneys

John Galluccio Law Offices of John Galluccio, Esq.

Re: On verbal agrements

A verbal agreement is, in theory, just as enforceable as a written agreement, provided that there was a "meeting of the minds" between the parties on the terms of the agreement. In practice, proving the contents of an oral agreement is more difficult, but not impossible. If the witnesses are independent parties (e.g. not family members or friends), their credibility would be enhanced, although any witness is helpful to some degree. Also, the terms of the agreement can dictate how easy or difficult it is to prove the terms of an oral agreement (e.g. "Landlord promised to pay me $10,000 out of the good of his heart" much more difficult than "Landlord agreed to repair my sink"). Courts generally want to find an equitable solution to disputes.

Practically speaking, if we are talking about a small case in New York City (a couple of thousand dollars), small claims court would be the best venue for such a dispute, since it takes less time to litigate and has a better chance of success.

Hope this information helps. If you would like further assistance, please do not hesitate to contact me again.

Best regards,

John Galluccio

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Answered on 1/04/02, 11:29 am


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