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You have a contract dispute with somebody. They say they’re not going to pay you and
the reason they’re not going to pay is that the contract is not in writing and therefore
not enforceable. Is that true? Welcome and thank you for joining me. I am Jim Bendell,
an attorney practicing in Coeur d’Alene, Idaho. No, it’s not true. Most of the time
contracts in Idaho are enforceable, even if they’re verbal contracts (sometimes called
oral contracts). Now, there are some exceptions to that rule. For example, the law states
that contracts for the sale of land have to be in writing. So, let’s take an example.
You buy a house. You’re going to pay $200,000 dollars for the house. You give the owner
– current owner and seller - $30,000 dollars. Well, he can’t turn around and say, “Well,
you know that wasn’t in writing so I’m going to keep the $30,000 dollars.” The
reason that’s not what’s going to happen is because there is a doctrine called “part
performance.” So even if the contract is the type that Idaho law says must be in writing,
if one party has (quote) “part performed” – in this case, you give him $30,000 dollars.
The judge is not just going to let him keep the money and walk away. The sale of the house
is enforceable even though it was a verbal contract. Why am I telling you this? Well,
if you’re watching this you have questions about contracts – verbal or otherwise – in
the state of Idaho. These are questions I answer every day in my law practice. Here’s
what I’d like you to do next. Pick up the phone and call me with your questions and
I’ll answer them. You can reach me at 208-665-4600. I’m Jim Bendell, thank you for watching.