One of the most common areas of treaty confusion concerns the distinction between written and oral contracts. Let`s take a look at some of the most frequently asked questions regarding valid and enforceable contracts. When it comes to a rental agreement, a written contract is highly recommended, as it contains details about important conditions such as the monthly amount of rent, the necessary notice period, as well as the condition of the property and the maintenance requirements of the owners and tenants. There are often quarrels over the responsibility of managing certain expenses and obligations. A written rental agreement simply eliminates the error space and clearly defines the details for all parties they can refer to if necessary. Most oral contracts are legally binding. There are, however, some exceptions, depending on the design of the contract and the subject matter of the contract. In many cases, it is best to establish a written agreement to avoid litigation. A failure to understand the fundamentals of contract law can have long-term consequences, which is why it is so important to know that written contracts tend to offer much more security than oral agreements.
In addition, the complexity of contract law makes it necessary to consult professionally before establishing a valid contractual relationship. For the sale of real estate, a written contract is a legal requirement, as provided for in the Alienation of Land Act (68 of 1981). It is not difficult to understand why this requirement exists for such quality transactions. An offer to purchase that constitutes the contract of sale as soon as it has been signed by both the buyer and the seller contains all the details ranging from the sale price and the date of withdrawal to the taps and equipment that are part of the sale, as well as certain conditions that must be met for the sale to be valid. Therefore, legal experts always recommend establishing a clear and concise written contract that would contain all the relevant terms of an agreement. Not only will this clarify the rights and obligations of each of the parties, but will provide useful information and instructions to law enforcement officials in case of disagreement to ensure a fair and smooth solution. These rules may vary from state to state, but a written contract is usually necessary: after all, written contracts are much easier to enforce in court. A court can find the legality of a written contract much more easily than an oral agreement, which drastically limits the burden and costs necessary to find that there was a valid contract between the parties. . . .