Shaking Hands - Deal or No Deal

I have never really been a great fan of shaking hands after a deal is struck because, to date, I have always just trusted what the other person has agreed to.
I do have one contact who always insists he shakes my hand to agree a deal and as an honest person I have always kept to my side of the bargain
A couple of weeks ago I agreed something with him again and he seemed very happy with the deal as was I. When I got home I realised he hadn't "officially" shaken my hand.. Surprise surprise he has gone quiet and not answering my calls nor texts.
I know a "shake of the hand" isn't binding legally ( best to have in writing and a signature) but I just wondered how many trust a "shake of the hand" and should I insist on it from now on as some sort of comfort that a deal has been done.
 

Pasty

Member
Location
Devon
Can be tricky though. Suppose a good friend says they will buy land from you and you shake hands on a price. To me, as the buyer, that means I have the money in the bank and am ready to close the deal. What if the friend does not have the money and after a few weeks / months of asking starts suggesting 'they will pay you somehow' or pay you over time? Still a deal?

Basically, you need to know what deal you are shaking on.
 

llamedos

New Member
I have never really been a great fan of shaking hands after a deal is struck because, to date, I have always just trusted what the other person has agreed to.
I do have one contact who always insists he shakes my hand to agree a deal and as an honest person I have always kept to my side of the bargain
A couple of weeks ago I agreed something with him again and he seemed very happy with the deal as was I. When I got home I realised he hadn't "officially" shaken my hand.. Surprise surprise he has gone quiet and not answering my calls nor texts.
I know a "shake of the hand" isn't binding legally ( best to have in writing and a signature) but I just wondered how many trust a "shake of the hand" and should I insist on it from now on as some sort of comfort that a deal has been done.

I used to, and was taught a man and his word could be defined by their handshake, nowadays, I find it more an aid to judge of character, far to many limpwristed folk to trust more than a few to seal a deal or take their word .
 
I have to admit I have pulled out of the purchase of something after a handshake and agreement. It wasn't the fault of the seller but in the information provided by an intermediary which if I had known I would never have made the agreement. I was and am embarrassed about it but it just couldn't be helped.

Caveat emptor and all that, I should have got in writing the information i needed, thankfully the seller was understanding and didnt seem too bothered.

Generally I think a handshake is enough but I would always follow up in writing.
 
Can be tricky though. Suppose a good friend says they will buy land from you and you shake hands on a price. To me, as the buyer, that means I have the money in the bank and am ready to close the deal. What if the friend does not have the money and after a few weeks / months of asking starts suggesting 'they will pay you somehow' or pay you over time? Still a deal?

Basically, you need to know what deal you are shaking on.

I stand to be corrected, but I thought any agreement for sale/purchase of property or land had to be in writing to be valid. Think of the gazumping and retraction of offers for domestic property that goes on all the time, without any legal redress.
 

alex04w

Member
Mixed Farmer
Location
Co Antrim
I stand to be corrected, but I thought any agreement for sale/purchase of property or land had to be in writing to be valid. Think of the gazumping and retraction of offers for domestic property that goes on all the time, without any legal redress.

an handshake can be legally binding just as your word is - a contract does not need to be in writing to be legally binding, its juts a lot easier to enforce if it is !

A contract can be verbal or in writing. However, as Clive says it is easier to prove what the contract was if it is in writing. A verbal contract with no witnesses will be hard to prove.

Former Farmer is also right in that any contract in connection with land has to be in writing, especially in any part of Ireland. Many a bank has come unstuck accepted title deeds as equitable deposit only to find that there was nothing in writing to give them the right to sell and property in settlement of the loan!
 

Pasty

Member
Location
Devon
I stand to be corrected, but I thought any agreement for sale/purchase of property or land had to be in writing to be valid. Think of the gazumping and retraction of offers for domestic property that goes on all the time, without any legal redress.
It's not the legalities in this case, it's the friendship and the sour taste left afterwards, on both sides I think. Essentially there wasn't enough 'detail' in the conversation which led to the hand shake and too much assumption on both sides.
 

Dry Rot

Member
Livestock Farmer
Are there not several things which can not be legally binding, intellectual property rights, giving a guarantee, share selling.

Law of Property Act 1925. Interests in land must be in writing. One of the few things I remember from college! Other than that, I think an oral contract is as good as a written one, except for one point -- evidence. Either have a witness or put it in writing.

The physical act of shaking hands may be customary but I am not sure it carries any weight in law. An oral contract without a hand shake would be just as legally blinding as an agreement with one. Personally, I like things in writing, even if it is just a short note stating what was agreed. Human memory is fallible and often selective.
 

Penmoel

Member
Twice in the recent past I have agreed with someone, one on the sale of sheep , he could not take them till the end of the month and offered me a deposit, I said no need come back at the end of the month(y)(y).............never heard from him again:(

Last month agreed the let of my mother's bungalow, they were keen as mustard all agreed , even phoned and offered me a deposit and was it going to be a killer if they brought their Yorkshire terrier as a pet, agree carry on move in end of May. They phoned last week and said they had changed their mind its too rural:rolleyes:.

I should have took the deposit on both occasions an wont refuse one again , indeed will insist on one(y)

I am afraid a handshake means nothing to far too many:( Even those over 50o_O
 

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