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Does a verbal contract require a witness?
I have a verbal agreement with my roommate. I borrowed money from her, and she wants me to pay her back faster than I can afford to. The only real guideline in the original agreement is that I pay her back when I can. I tell her I am not breaking the agreement by paying her back slowly. She says the verbal agreement doesn’t mean anything because there are no witnesses and that’s i have to pay her back now. Do I really need a witness for the original agreement to count?
Also, she’s threatening to not pay rent if I don’t pay her back faster. In this event, how can I kick her out?
8 Answers
- oldprofLv 72 years ago
By her own admission the verbal agreement doesn't mean anything. So you don't need to pay her back at all let alone on her terms. It would be the moral thing to do, pay her back, but there is no binding agreement forcing you to.
How about the rent? Is that also verbal? Or do you have something in writing (which is the smart thing to do)? If the rental agreement is in writing then you can seek legal remedy...she pays or gets kicked out.
- 2 years ago
Don't ever borrow or lend money to a friend. Don't ever buy or sell a car to a friend. Don't ever employ or work for a friend.
- Anonymous2 years ago
Does it require a witness for WHAT? A witness would be able to provide testimony in a court of law, but a witness still can't PROVE that a verbal contract existed and what it contained.
By the way, it doesn't sound like you and your roommate disagree about the content of the contract. It sounds like you disagree on the interpretation of "when I can". My guess is that she thinks you CAN pay her back, and are choosing not to. You agreed to pay her when you CAN, not when you WANT TO. There is a difference. If you have money that you are using for other things instead of paying her back, you are breaking the agreement.
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- ?Lv 72 years ago
You should try to increase your payments. You may have to sell a few things, but yes, your obligated to pay her back ASAP.
- Michael ELv 72 years ago
That is why writing down agreements is a good idea.
No, a verbal contract doesn't require a witness. What it does require is that two people agree.
- Anonymous2 years ago
You can't kick her anywhere , that is up to the landlord, she can take you to small claims court and get the money, do not borrow money in the future, you may want to look for somewhere else to live.