Home Q&A Forum Can a verbal agreement be considered a legally binding investment contract?

Business Contracts

Investment Contract

Washington

Asked on Dec 3, 2024

Can a verbal agreement be considered a legally binding investment contract?

I recently had a conversation with a business associate regarding a potential investment opportunity. During the conversation, we discussed the terms and conditions of the investment, including the amount to be invested, the expected returns, and the duration of the investment. We did not sign any written agreement, but I am now wondering if our verbal agreement can be considered a legally binding investment contract, or if there are specific requirements that need to be met for it to be enforceable in court.

Answers from 1 Lawyer

Answer

Business Contracts

Washington

Answered 532 days ago

Merry K.

ContractsCounsel verified

Business Lawyer
Licensed in Washington
Free Consultation
5.0 (18)
Member Since:
July 26, 2023

Good morning. If the investment involves real estate, then absolutely not. If it involves something else - it's unlikely to be enforceable as a contract until if and when money changes hands, and, even then, there has to be a "meeting of the minds" - that you both have the same understanding of what the agreement is about, including all the terms. Please be very careful, and if you will be spending any money that you can't afford to lose, go over everything carefully with a contracts/business attorney, and reduce everything to writing. Each party to the contract should have his or her own attorney. Good luck!

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.
Meet some lawyers on our platform

Allen L.

109 projects on CC
CC verified
View Profile

Edward B.

82 projects on CC
CC verified
View Profile

Odini G.

15 projects on CC
CC verified
View Profile

Lori B.

211 projects on CC
CC verified
View Profile

People Also Asked

Securities

Investment Contract

California

Asked on Jul 10, 2023

Investment contract legal requirements?

I am interested in investing in a business opportunity, and the company has presented me with an investment contract. I want to ensure that the contract I am signing is legitimate and meets all legal requirements. I am looking for guidance from a lawyer to ensure that the contract is fair and legally binding.

Thaddeus W.

Answered Aug 11, 2023

Happy to discuss, but it seem like maybe you want to post a formal request for bids.

Read 1 attorney answer>

Business Contracts

Purchase and Sale Agreement

Washington

Asked on Sep 9, 2023

Governing law in a purchase and sale agreement?

I am in the process of purchasing a business and have been presented with a Purchase and Sale Agreement. I am looking to better understand the governing law that would be applicable to this agreement, and any potential implications for the agreement. I am looking for advice on the law that would be applicable to this Purchase and Sale Agreement, and the potential implications for the agreement.

5.0 (18)

Merry K.

Answered Sep 12, 2023

Good morning - I am a WA State attorney. The purchase and sale agreement should, itself, specify the governing law that would be applicable; if that term is not already part of the PSA you were presented, it should be added. If you are buying a business in WA, normally the PSA will say that WA law will apply, but if you are buying a franchise, it's possible that the PSA will say something like that law of Delaware may apply. Washington has good governing law for this type of agreement. I also suggest that you discuss any concerns with your buyer's agent, and possibly request a WA State attorney to review all the documents before you sign anything.

Read 1 attorney answer>

Business Contracts

Business Contract

Washington

Asked on Sep 20, 2023

Can I edit a signed business contract?

I am starting a business and am in the process of signing a contract with a vendor. I am concerned that some of the details in the contract may need to be changed after it is signed. I am wondering if it is possible to edit a signed business contract or if I would need to create an entirely new contract.

5.0 (18)

Merry K.

Answered Sep 23, 2023

It is almost always possible to amend a signed contract, but, of course, all signatories to the original contract would also need to sign any amendment. If, however, you foresee things you may want to sign later down the road, it'd be best to negotiate changes to the original contract, rather than amending an existing one....for one thing, what if the other signatories don't agree to your proposed amendment(s)?

Read 1 attorney answer>

Business Contracts

Business Contract

Washington

Asked on Sep 21, 2023

Penalty for breaking a business contract?

I am a small business owner looking to enter into a contract with a larger company. We have negotiated terms and conditions, but I am concerned about the potential penalty if either party breaks the contract. I would like to know what the legal consequences may be for a breach of contract, so I can make an informed decision about entering into the agreement.

5.0 (18)

Merry K.

Answered Sep 23, 2023

Some contracts incorporate both reasons for breaching or ending a contract, and some incorporate the amount of a penalty. Most business contracts incorporate what state's laws apply, and whether a dispute will be taken to arbitration or court. If nothing is specified in a contract, parties are most likely to sue for lost income. To truly make an informed decision, I recommend that you consult with a business attorney BEFORE you sign a contract, so that he or she can review the proposed contract and recommend changes BEFORE you sign.

Read 1 attorney answer>

Business Contracts

Business Contract

Washington

Asked on Sep 21, 2023

Witnessing a business contract: required?

I am a small business owner who is considering signing a business contract with another party. I am aware that contracts are legally binding documents, and I want to ensure that I am making the best decision for my business. I am wondering if it is necessary to have a witness present when signing the contract, and what the implications of not having a witness present would be.

5.0 (18)

Merry K.

Answered Sep 23, 2023

It is not necessary to have a witness(es) witness the signing of a contract, but it can be helpful if you later wanted to content that you were coerced into signing or agreeing to terms that you protested. However, if you have such concerns, you should not sign any contract. The advantage of having a notary witness a signing is that a WA State notary will check the legal indentification of all signatories to a contract and ensure they are who they say they are; appear to be competent to understand what they're signing; etc.

Read 1 attorney answer>

Find lawyers and attorneys by city