Charlotte, NC asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for New York

Q: I guess the question is, how in any way could a contract, lease, agreement, etc. be enforceable if it wasn't signed?

2 Lawyer Answers
Carl Nelson
Carl Nelson
Answered
  • Real Estate Law Lawyer
  • Rye Brook, NY

A: Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in writing, verbal agreements are just as enforceable as written ones—sometimes the issue becomes one of “proof,” since terms in writing can be easier to prove than those spoken.

Steven Warren Smollens agrees with this answer

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Unless there is evidence of performance evidence of ratification change in circumstances due to the unsigned contract it is pretty hard to prove that a written paper that is not ratified with a signature is a contract, especially when there is no evidence of consideration.

An oral lease is valid but only if the lease is for a period not more than one year.

Why not describe your problem?

Read about the Statute of Frauds at https://codes.findlaw.com/ny/general-obligations-law/gob-sect-5-701.html

Daniel Michael Luisi and Carl Nelson agree with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.