Is it illegal to write a contract without a lawyer?
Is it illegal to write a contract without a lawyer?
A contract refers to a simple or complex document that can be created on agreement between two parties. Therefore, there is no need to write a contract without a lawyer.
One of the most common misconceptions people have is that a contract should be written. However, according to legal experts, a contract can be written and oral as long as both the parties have consented to it. Furthermore, there is no requirement for the contract to be written only on legal papers. Even if the contract’s terms and conditions are written on a piece of napkin, it will be valid.
What are the elements of a contract?
Whenever creating a contract, it is necessary that one notes down all the major elements. The terms and conditions are the keys to creating a contract. The contract should have enough value. Furthermore, a contract should state a particular offer and the consent of it.
The contract should clearly state the mutual acceptance of the terms. If it doesn’t, any of the party can withdraw from it in the long run. As an offer, the contract should have value or a promise. The contract should also define a lawful object. According to the law, the contract should be created by two individuals of legal age.
Lawful and Enforceable
One of the most important things about a contract is that it can be lawful but not enforceable. This ensures that one should not enforce a contract upon someone. Although writing a contract without a lawyer isn’t illegal, if you want the particular contract to be enforceable and lawful, it is necessary to write the contract down.
As a result, individuals indulging in matters of real estate are requested to create a written contract. One major type of contract that can be lawful but not enforceable is the contract between two minors. Although it is not legal, this type of contract will not be valid as per the law.
Oral and Written Contract
Oral contract is as valid as a written contract. However not all types of contracts can be eligible for oral contract. Thus, it is necessary to create a contract that will help to suit all the needs carefully. An oral contract can be legal but not enforceable. This is mostly because an oral contract cannot be proven in the court of law due to the lack of proper evidence.
However, if the oral contract terms and conditions are stated, it can be helpful. This will only be helpful if you enter credible details and prove the terms of the oral contract. Nonetheless, a written contract itself acts as a proof, which is why it can be a credible source.
Follow the terms and conditions
Whenever creating a contract without a lawyer, it is advisable to write down the information carefully. You can create a legal contract if the attorneys of both the parties are present. Otherwise it can be difficult to make the particular contract enforceable.