Mgr. ANNA VEJMELKOVÁ, advokát

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WHEN A CONTRACT ISN’T A CONTRACT – AND WHY FORM MATTERS MORE THAN YOU THINK

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“We agreed verbally, but then he acted like the deal never happened.”

Lucie arranged with an acquaintance to renovate her apartment – they agreed on the price and scope. Everything was verbal, in good faith. But when problems arose with the quality of the work, the other party claimed there was no agreement. Without a written contract, Lucie had nothing to prove it.

When a contract is valid and when it doesn’t exist at all, how form (oral vs. written) plays a crucial role, what the law requires for specific types of contracts, and what mistakes can make your agreement legally void.

📜 What’s needed for a contract to exist:

  • agreement on essential terms

  • clear and definite expression of intent

  • identifiable parties and subject matter

  • sometimes the law requires written form (e.g. for real estate transfers)


✍️ Contract form: when a verbal agreement is enough

  • most contracts can be made orally

  • the problem arises when there’s no proof of the terms or even the existence

  • some contracts must be written by law


❌ When a contract doesn’t exist at all:

  • no agreement on key terms (e.g. price, object)

  • vague or unintelligible content

  • signed by a person without proper authority

  • required form not observed (e.g. real estate)


📚 Real-life example:

A client agreed to buy property from a friend. They discussed terms via email but never signed a contract. The seller backed out. The client wanted to sue for contract enforcement – but without a signed written agreement, it was legally invalid. In real estate, written form is mandatory.


✅ Lawyer’s recommendation:

Don’t underestimate contract form – verbal agreements are legally binding only if you can prove them.
For significant matters, always insist on written contracts – for clarity and evidence.
I’ll help you draft a contract that actually exists – and stands up legally.

Not sure if what you agreed on counts as a valid contract?
Send me the text or description – I’ll assess whether it’s legally binding.

Contact a legal professional – I specialize in contract law.
Learn more here.

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