Is a verbal offer to do business with someone for a cut of profits enforceable? What if someone verbally opts out and then changes their mind and still wants the cut? If you offer are you obligated to stick with them even if the relationship goes south or they bring little value to the business? I know you’re not an attorney, so your opinion please.
Generally, oral or verbal contracts are indeed legally enforceable, but there’s a fundamental problem: how do you prove what was agreed upon? That’s why written contracts are far more useful, because everything’s down in, well, black and white.
Here are some thoughts on this subject from around the Web.
Fran Przyblewski wrote a good piece in SeniorMag that highlights:
“The problem with verbal contracts are that they are often very hard to prove, especially if they are very complicated or have no independent witnesses. The parties themselves may not even recall the exact details to which they agreed. Therefore, if neither side can can show a written contract, judges are often forced to apply “fairness” or other governing state laws. The problem with “fairness” is that at least one person won’t consider it “fair.”
“In general, try to avoid verbal contracts. Anyone that wants you to agree to something but won’t put it into writing, just isn’t worth the time. And they are very likely out to scam you.”
Wikipedia, in its article about oral contracts, says:
“In general, oral contracts are just as valid as written ones, but some jurisdictions either require a contract to be in writing in certain circumstances (for example where real property is being conveyed), or that a contract be evidenced in writing (though it may be oral). An example of the latter being the requirement that contract of guarantee be evidenced in writing that is found in the Statute of Frauds. Similarly, the limitation period prescribed for an action may be shorter for an oral contract than it is for a written one.”
And, finally, Law.com says:
“an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: “An oral contract is as good as the paper it’s written on.” An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California’s limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written.”
Hope that’s helpful. Good luck.
I live at my moms house that I grew up in. I move back here in 1995 and have lived here since. I pay no rent but am her caregiver but shes not happy with what I do for her even though I am the only one that helps her. I told her to get someone else and she said if I dont care for her she will kick me out. I have a brother who lives here also and pays no rent either and he does nothing at all here. My name is on the gas and electris bill and has been since 1998. My question is can she have me kicked out of here on a days notice or do I have some rights here as a tenant. Also would she have to go through a legal process to have me evicted and if so what legal steps would she have to take or do I have no rights and am just s o l ? (shit out of luck). Thank You
My brother claims that he fixed my mom’s home half $1 million he said they had an oral agreement. Now he suing my mother to pay him the money back after she sold her home.
My mother said he did some minor improvements according to my brother but he never got permission from my mother to do these things and she was very upset
There is no proof of improvement of half $1 million. Does my brother have a case?
I have to say that the burden of proof would be on your brother, and I’m not a lawyer, but I don’t think your brother has any legal basis for his claim. Good luck, money can do bad things to families…
One relative kept some of my material in his house without any condition of rent now when i ask him to take my matrial back he is asking for rent.the material kept in one of his room.any suggestion
The home is in CA I had a verbal agreement with my niece and her boyfriend and 2 children. Since I had heard he had being trouble in the past I told them is month to month and if any problems once the month ends you need to move and I rented her a room. Now many problems have raised to the point were I feel threaten. She now says she pays more than half the rent. She doesn’t. The rent comes with all utilities and Wi-Fi with cable t,v. Plus since is family I let them use the whole house as if it was theirs. A problem involving calling the police has occurred and I asked her to move out by the 28th she said she has a free month to move out and wants a 30 day notice but will not have to pay anymore rent. Me and my husband are not home most of the time and I’m afraid they might destroy it. Please help
Dave, I need help. A friend offered to buy me a car. I sign contract and take care home. Several days layer the dealership calls and says they need car back that my friends financing fell through. What should I do?
Dave I bought a house on contract 3 years ago. I found out 1 1/2 ago that the guy I bought it from list it. To the original owner. I miss you with the owner he said we would do a new contract not to worry or pay anything till he gets it done. Well now after not paying all this time he is saying I’m in default. Is that right.
Diana, I don’t really understand what you’re explaining to me, but if we’re talking about something as substantial as property, I’d immediately hire a good local lawyer to help you out. And good luck!
I sold a guy a piece of equipment and he said he would pay in three days, that was back in June. I have tried numerous times to collect the money and at one point went to pick up my machine but he had it out at another place. What can I do? It was all verbal
And this “boss” isn’t putting all his pay on the books after being told to do so many times. Claims to pay 2k a month when in fact its 700 wkly so due to him lying no federal taxes are being with held and i think this is illegal just not sure. And no mortgage co with finance for u only making 24k a year when he was making 55k. Can we sue this jerk? Breach of trust, breach of contract and trying to force slavery.
Hi, my husband was offered by an ex employer to buy a home with 100% financing and 6% interest, if he would “come back and help” him out and he would pay him $700 take home. We were already in the process of buying a home just hadn’t found the house we wanted yet under usda. Long story short: found the house bought it for 45k with repairs cost of 20k making it total 65k. Got it and moved in Nov 2014. Husband left his then current job late oct 2014. He did say to this man he wasn’t happy with losing 1200 a month but since he was willing to finance the home it would be ok.Now the main issue is we yet to get our paperwork on the home. We are paying “mortgage ” every month, hubby still works for him but is asking for a raise due to hours worked and type of work he now does. Husband told him he may be looking into a better paying job. When he heard that he said well if you leave you have 60 days to move out and he will auction off the house. Everytime we ask for contract he has an excuse not to do it. We have done all repairs and kept our part of the “verbal” deal. So i need to know if we have any legal rights what so ever and would a recording of our last discussion count in court.?
My MOm died without a will or trust so it goes to probate but my Bro is the administrator and is not acting like a Son or Brother and saying he was advised that MOm wishes can’t be filled but I argue that it is a Family thing that doesn’t have to be discussed which it was, to let her wishes happen but he said no that a verbal contract is invalid so what she gave myself and other siblings has to be brought back to the estate and appraised and if I want it I have to take the amount of the item out of my cut..hell will I pay for a gift from my MOm will or no will!!!! So hurt by all this but I read you can fight an oral contract if you have witnesses to what was given and I do..I am ci=onfused and he is so cold hearted saying MOmwanted it all equall in fours…well he can waive his fee and thaT would do but no answer back..wow huh!!! Mom seems to mean nothing but money everything..help thanks Dave
Hello, I don’t know if you can respond to this but here goes. I hired an ERISA attorney when my long term disability company(Cigna) dropped me after 4 yrs. I knew that I had an excellent case to get reinstated and not go to trial, and I did win on appeal. I received a check for the back pay for a year and went to the attorneys home ( where he practices) to settle up with him. After I signed the breakdown of the fee and his expenses( no problem here) he lowered the proverbial boom. He said” how do you want to handle the monthly payments from here, I usually have them sent to me .” I was stunned and said what monthly payments? He shoved a copy of our original agreement under my nose for review and said” do you remember signing this.? I said yes and I have a copy and no where in here does it say anything about future payments and you never disclosed it to me. My husband was with me and I began to cry and protest, stating over and over that this was never disclosed to me. We thought it was strange that he asked at least 2-3 times” if you had known this would you have hired me?” I was too distraught to really answer him at the time. He came to the car as we were leaving and said let him sleep on it, he wanted to come up with something that would make us happy as well as himself. He called 3 days later and proposed 25% for 5 yrs instead of 40 for 9 yrs. I didn’t know what to say, I was afraid of this man and thought he held my financial future in his hands. Before I said anything I told him I wanted to answer his question now. I said that no I wouldn’t have hired him if he had disclosed his true fee arrangement to me, I would have gone and found out if that was the industry standard ( which it is not) but I wasn’t given that opportunity. I played along with him on the phone and he said he would email me the new agreements to sign and send right back to him. I got many many lawyers to look at my original contract after that and they said he cannot do this to you, don’t sign those new agreements and I didn’t. As per their advice I sent a certified letter to the attorney stating that his services as my legal counsel were no longer required and that my financial obligation to him had been met as per our original contract. I also demanded he return my entire file within 10 days of receipt of the letter. He sent a letter several days later stating that he would commence legal action to enforce our contract. He has filed a lawsuit for breach of contract. Contract attorneys have told me this is not a slam dunk for him at all, that we didn’t have a meeting of the minds after all since he deliberately withheld the most critical information regarding his fee areangement. It was not in the contract, period, rather the use of the word ‘all’ in regards to 40% of all sums recovered before trial briefs are filed. My question is do you think he was recording me in his office that day when he kept asking if I had known this would I have hired him. And was he most likely recording the phone conversation in which he was offering a new agreement where I played along. Remember that I first told him in that conversation that I would not have hired him if he had disclosed his true fees to me before I signed the contract. Can this unscrupulous man get by with this and use our conversations in court against me?
Hello Dave,
Here is my issue. My Mom owns this little house outright, 8 years ago when I moved into it, she told me that she wants me to have the house, that it wasn’t much but my brother (who has a different father) would get his Dads house when that time came. My husband and I have lived there for 8 years, we never transferred the title over, I never pushed the issue because it is my Mom. She will never live there again. My husband and I had a few issues and he moved out form approximately a month or so. We have since got back together and my Mom isn’t happy with the decision, so now she wants me to move out and claims she changed her mind about giving me the house. I haven’t made payments on the house at all, just paid the property taxes. Do I have any rights?
I had a verbal agreement with a mechanic to fix my cars breaking problem he took the car brought it back and I payed him car worked for an hour and didn’t break he said he will fix it again and he never ce to fix my car I have recorded a conversation between me and him and he said in the conversation we have no contract so he doesn’t have to do anything I also have text between me and him and asking him when he’s coming to fix the car and that I bought the parts he requested me to get cause that’s what the car needs but now he won’t install them do I have a case or I’m just out of money
had verbal agreement with a friend to take care of her mom she was sick daughter got partial payment up front daughter said it was too much would not let me work her mom passed away she now wants to sue me
My husband and his ex-wife are having trouble sorting out the logistics of their joint custody agreement. All time and expenses are split between both parties but my husband and I also pay a substantial amount in child support. We have always claimed child tax credit for the child, and she now wants to claim half of that. She agreed that everything should be split, and verbally agreed that if we give her half of the tax credit this year and every year that she would be willing to drop the child support payments. We have recorded proof of this but she is now unwilling to cooperate even though we have followed through on our end. Is there any chance of this agreement holding up in court?
Jocelyn, sounds like you’re in a tough spot with your husband’s ex. I think you might need an actual lawyer, and I think you might find that your joint verbal agreement isn’t going to have much value in a court of law. Good luck.
What if a car dealership says they’ll give you 100 dollars for every car you help sell and when you do they don’t give you the money
Ashley, then you’re probably out of luck. If you even have an email message or a voicemail recording, that’s something. But otherwise, there’s no proof that anyone ever said that, so it’s really hard to enforce…
Dear Dave, my boyfriend recently started a job at a self owned business the owner is calling him a subcontractor and agreed to pay him 65% for each job, keeping 35% for himself. My boyfriend does all the work, provides the cleaning supplies and pays for putting gas in a company work vehicle..here is the problem this is all done through a verbal agreement. The owner doesn’t want him to use his personal vehicle on the job , my boyfriend didn’t have the extra money to purchase another vehicle, so the boss agreed to lend him the money to buy his work van, and he could pay him a 150.00 a month until the van was paid off, again nothing in writing only a verbal agreement. My boyfriend found a reliable used van, told his boss the man went and purchased the vehicle.ok problem number 2 the owner of the company has the title in his name and takes monthly payments out of my boyfriend’s paycheck to cover the repayment of the loan and vehicle insurance.After going over my boyfriend’s financial information, I asked him why he was having money taken out of his paycheck for this work vehicle when he doesn’t own the vehicle legally or at all. And he is having to cover his own monthly expenses without reimbursement from his employer. Leaving him with 200.00 a month to cover 1000.00 worth of everyday living expenses.I think the owner is shady, in my eyes the owner paid for the company van, owns the company van and is double dipping to get his money back..my boyfriend is paying this man for nothing.I asked what is preventing this man from saying see you later after he recouped all of his money…is it legal for him to deduct this money out of my boyfriend’s paycheck, to pay for a company owned van..I told my boyfriend to question him on this and ask him to put the vehicle in his name or quit taking the 200.00 out of his paycheck..he is afraid to say anything because he can’t afford to lose his job..How can this man sleep at night, please offer any advice on this matter.thank you screwed in my business
I think a candid conversation about how things changed from “money out of my paycheck to eventually buy out the vehicle” to the current situation would be beneficial. If the owner’s ripping him off for $200/paycheck, though, he might need to start looking for another job. Good luck!
I have a situation, before i was divored i meet a guy friend we become close very fast, well i was sharing a vehicle with my x husband and my new friend thought it would be best if i just gave the car back to him. And he just hand me over an older vehicle, so we agreed and i received the old vehicle. Well my friend end up giving me a 2000 honda accord. Now we agreed that this would be my car without a doubt, no written agreement was written we agreed verbally! He said i didnt need the older vehicle my x husbad gave me so i agreed to sell it to my brother for a little of nothing since my friend had given me a car. My friend agreed that it wasnt the best car! But it can get me from point A to point B. I took pic pictures of my new car and posted it on facebook i told my mother and father and two of my closes family members. What he had done for me. Now we are at a hard place in the relationship, and trying to take the car back from me what can i do? Please help me!!!!
Ok We live in Colorado so wanted that to be out there first, I made a verbal agreement with this lady on buying a motorcycle from us. I owed her a little money and took that off the cost of the bike. Today I asked her when she would be able to pay me the rest and she immediately wanted to say she could pay whenever she wanted. Ofcourse by this time we are both upset and I told her I would just come pick the bike up. Now she is refusing to give back the bike until I pay her what I owed her “which was fine btw” but technically she doesn’t own the bike and still owes on it if she is wanting to claim it is hers until we pay. The bike is actually at a mutual friends house but like I said no money and no contract was wrote up for this bike. I even offered to write up contract for money I would pay off to her in 2 weeks. This money has no barring on the bike mind you. This was separate money owed to her. Do her and her friend have a legal right to hold that bike? Do I have a leg to stand on here?
I live in California. I have two children with my ex-girlfriend. I have always paid for everything for the four of us. I have always claimed the children on my tax returns. Before 2011 taxes were due, my then girlfriend approached me asking a favor, “I borrowed money from my aunt to buy a car. I need to pay her back. Can I claim the kids on my taxes this year so I get a return and can pay her back”. I said, “okay, but I will file the kids for 2012.” She said, “OK”. We broke up August 2012. I went to file my 2012 taxes on Feb 6, 2013. Submission was rejected from the IRS due to SS#’s already being claimed by another for the same tax period. I approached her and asked if she claimed the kids again for 2012, did she remember our agreement?” She responded, “Yes, I remember our agreement, but we were together then and we’re not together now. Deal with it.” I even offered to pay her whatever the difference it was she received + $1000 but she said no just to screw me.
We have a family court hearing on April 17, 2013. Is it possible to have the family law judge order her to honor our verbal agreement/oral contract and stipulate that she re-file her 2012 taxes sans the exemptions for the children? It’s like an $11,000 difference in return for me.
David,
I left a job volentarraly. During the discussions with the owner, before I made the decision he stated that he would keep me employed. thus I did leave and three months later I was terminated because of “lack of work” I contacted the owner of the business I left and he stated he did not have a position for me, as I continued to be unemployed I followed up frequently with him. then 1 1/2 years later I wrote me an e-mail stating that I was not welcome back to the business that I had burned bridges with “key personal” and he did admit that he made a mistake stating that he would keep me employed. Yet during my tenure there there was only one instance that a derogatory review for a stupid action on my part and that was a year before I left, and I did get a raise during that review. I kept the e-mails that he did send me and such. The company being in Pennsylvania do I have a basis to sue? The company is at will employment and the kicker is that my brother owns the company (which my dad gave to him)
Thank you for any help
David
My curent employer promissed me half of a business if I did all the leg work. I did and got the business up and running and now is refusing to put it down on paper, but I have taped recordings of that promise and my displeasure with her going back on her word as well as her admitting to saying that it would be half mine. Not to mention many other employees who knew good and well our agreement and they would be willing to tell what they knew wto this fact…I guess my quesion is do I have a case here in North Arkansas?
a friend of mine recently rented a condo from another friend on a verbal aggreement that it would be rent to own. She has reciepts and a letter stating that she rents from them. they told her that she has to move on the 1st cause they are turning it back over to the bank. she is afraid that they would put her stuff out of the first while she is at work. what is her rights and would they still have to provide her with a eviction notice
our company splitup 3years ago and at the meeting new managemant promised us we will never be worst off than the old company but somethings are changing and seems we are losing what we had at the old company, does the verbal agreemant still stand?
how do I go by getting what is owed to me as far as the verbal contract agreement that me and the guy made do I need to send him letter first and then take it to court
i was working for a guy and he made a verbal agreement with me on how I was to get paid not only did he say this in front of me he said it in front of a witness now he,s trying to go back on his word what I wanna know is by me having a witness to this verbal agreement will I be able to get what is really owed to me
I am employed in a family company for 40 years when I was hired With my wife at my side was told by her father that I would get Profit Sharing , Retirement and Healthcare,
To date I have received health care with a fight and no Profit sharing or Retirement
What can I do to get what’s coming to me? Never a sick day, the best employee he has ever had. I made him more money than any of the other sales people.
Considering my question above, if it was known at the time of contract formation that I will not be able to perform on my part of the bargain (repay) within one year, does this fall under Statute of Frauds and our oral agreement was supposed to be in writing instead. Since it was only oral, doesn’t it invalidate the contract? Thanks.
I borrowed close to a $1000 from a former friend in April 2011. He wrote me a personal check and put “loan” in comments. I was making not much at a time, and said that it would take me a year before I can start repaying him. We were friends for 35 years, and he said not to worry and that I can start repaying him when I get a better job that I was looking for. Ever since I partially paid him in cash, partially with checks, but not everything. Now he claims that I only paid him with checks and requests the whole balance due paid immediately. Does he have a legitimate claim in small claims court? My wife witnessed that I did give cash at one time. I just got a good job, but I can’t afford to repay him the balance all at once. Thanks.
MY SPOUSE GOT A CONTRACTOR A JOB FOR A MOTEL WITH THE VERBAL CONTRACT OF 10% NOW THEY ARE REFUSING TO PAY THE COMMISSION IS THERE ANY LEGAL OPTIONS
Myself and my husband sent money to our daughter in canada were she is living with her was partner but later husband and her 2 children from my husbands inheritance from his mother
to pay for a deposit on a house as they could not get one together themselves as they were paying rent for a property , to be paid back at a later date when there was enough collateral in the value of the property as we did not need it at that time or for a foreseeable number of years …this was just a verbal agreement with my daughter as that was who we were lending the money to….this was 5 years ago and 2 years ago she married her partner who has since now left her for another person.He is now requesting she sell the house and give him half of the collateral …but this is mostly the money we sent to our daughter for the deposit which is suppose to come back to us if the property is sold…but the problem is not with our daughter but we only have a verbal agreement will ne be able to get our money.
Hello Dave I had a litter of puppies posted ads up guy called and asked me would I be interested in a trade one of his purebred akc Rottweiler with papers for one of my ckc mastiff puppies with papers so we end up doing the trade and he stated to me ” I sent out for the papers and should be here in 2 weeks and when I receive them ill give you a call to come with them up” and I said ok everything was verbally agreed upon I had two witness there my friends. On two different occasions do 2 weeks go by haven’t received no call from him so I tryed calling him left messages never returned my call back finally got hold of him using different phone number then comes to tell me that he needs 400 dollars for my puppies papers then his story kept flip flopping I saw parents papers and pedigree so I know there registered he just wants to charge me after the fact for the papers can I take him to small claims court to receive them papers not trying to get compensated just want those papers I’m in California too
I have posted my hotmail address twice and not received a link so gonna try my gmail account.
I made a verbal agreement with a guy I have known for years and on Tuesday Sept.18,2012 I happened to see him after attending my best friends memorial and he and another lady was talking about him fixing her floors and I it so happened I was needing some laminate and carpet put in our house and what L***’s was charging it was costing more to get it put in than the materials cost. Just to get it put in was nearly $1300.00 not counting the price of the carpet and laminate. We talked about it and he said he could do it for half the price with his Contracter price and not having to pay tax. Needless to say I was very happy after what had been some very difficult days. He came over the next morning and measured the floors told me how he was going to level the floors with stuff that came in rolls that L***’* sold but for some reason the contracter they sent out was not using and it cost much less than what they had proposed, so I was believeing every word he said. I met him at the store on Thursday and showed him what we had picked out because he needed the style and model numbers and showed me the rolls he had told me about and that he was going to need 3 of those. He even wrote down what I was getting for my back splash for my stove and kitchen even down to the filters for my air purifiers all the stuff we were buying for our house. Writing it all down and telling me he would have to call the guy at the store and get the prices. He called me that night gave me the prices for the materials and said he would need half the money for the materials and the rest after the job was done. I met him on Friday and gave him $1180.00 cash. He told me he had a job in Hendersonville on Saturday but they had all my materials in stock and he would bring it over on Sunday and leave his van with everything in it and start on Monday at 8:30 AM. Needless to say never heard from him and when I called it went straight to voicemail. At first I was concerned even called the hospital but by Wednesday I was on Google and found out everything he had told me about where he lived and about buying from L***’* was a lie because I had called them and they had never heard of him. When I went to his house on Friday he slammed the door in my face and said he would be here on Monday and I told him he needed to talk to me now he called the police and they said it was a civil matter but since I had paid him in cash there really wasn’t anything I could do.
If my husband and I hadn’t known him for so long and the discussion about him doing floors before I said anything about mine I would have had contracts with the agreement in detail but it never crossed my mind maybe it was because I had just lost Sheryll that I wasn’t thinking clearly I even told my husband that she had done one last wonderful thing for me. We live in TN what do I need to do and is there any chance of me getting my money back and isn’t what he did fraud and theft which is criminal charges I could possibly press against him. Hoping you can help.
Dave,
Potential landlord accepted my rental application and deposit check agreed to rent me the property. Next morning I had an email from him refusing to sign the lease agreement–in the mean time the only other property in the area I want my kids to go to school in has rented, now I’m homeless….whats my recourse?
Hello Dave,
My wife and I visited a local auto dealer and over a couple of days came to terms on a used vehicle. We agreed to the price and informed the sales manager and salesperson that we would be going through our bank to purchase. We immediately got the service manager in touch with our banker and papers were overnighted and signed and returned to bank. The dealership had sent paperwork identifying the vehicle VIN and description to bank. After this was done, we contacted the dealer to see if they had received the wire funds and they informed us that they had sold the vehicle. Do we have any grounds in this matter? I spoke with a gentleman today and he informed me that since we did not fill out a finance agreement through them that the vehicle was fair game to sell to someone else. We have the note from the bank dated for August 6, 2012 and they sold the car on August 7, 2012 for a higher price. As far as I am concerned, especially with all of the trouble we went to getting the financing attended to, I feel like we were wronged. They lied to us.
Kevin, that seems odd. If there was no stated expectation of engagement when you were hired, it seems a bit questionable for them to just suddenly claim you violated things by not showing up for 30 days. But I’m not sure what you can realistically do about it. Good luck.
I was recently terminated by a company for what they say was a verbal contract to provide at least three days of availability a month. I never have heard of this and have worked at company for 10 years.
I want to know my recourse? Never had issues with this seasonal employeer. Always was rehired so I am not a problem employee.
Sir,
I was solicited on a site to do modeling photos for an organization. After hearing I agreed to come in over the phone and text messages with all expenses paid. After I was worried that there were things I didn’t know and because I didn’t know the people I chose not to do it. They had already purchased a plane ticket for me. When I told them I wasnt going to do it they threatened me with having tonpay the plane ticket back. They said they had verbal and text message confirmation that I had agreed to do the work. U didn’t know I had been recorded or was aware that text. Messages could be used in small claims court for a verbal contract do you have any advice?
Dear Dave,
I have a trip paid off with Caribbean Cruise Lines in the amount of approx $1400. I could take the trip anytime and I never booked it with specific dates. The option to take the trip expires in July 2013.
However, after careful consideration, I’m not longer capable of taking this trip. The cruise line will not refund me my money. All of the trip agreement was over the phone and they are telling me that because of this, I have a “verbal contract”. Is this legit?
They never mailed me documents with any refund information and I never physically signed anything. Additionally, all the documents they mailed me were only the “fun” trip information. My name is also incorrectly spelled on all the documents.
Thank you very much for your time and I very much look forward hearing from you,
-Erica
I PAID 150.00 FOR A USED WASHING MACHINE. THE PERSON I GOT IT FROM SAID IT WAS WORKING. I PICKED IT UP AND TRYED IT OUT ABOUT 3DAYS LATER AND IT DID NOT WORK. I CALLED HIM AND HE SAID THAT HE HAS 5 WITTNESSES THAT SAW IT WORKING BEFOREI PICKED IT UP. CAN I TAKE HIM TO COURT AND GET MY MONEY BACK.
If I have a verbal agreement on a recorder will it hold up in court?
I have a roommate who i told that i was moving out in 2 months, and i was basically living with my girlfriend for previous months before this, and he agreed to it. Then he waited about two weeks and said that i was unable to move out due to me being in the lease. Well i called the place and i am a resident under him on the lease however i was not on the lease itself therefore the realitor place said i was not bound to them in any form. So then he goes and says that i am bound by an oral contract, which he said i agreed to live with him. This is simi true i did agree to live with him however i did not agree for the duration, i graduate in may and his lease is not up til august. Which should tell him that i was planning on moving out before his lease was up anyway. So since i did not agree to the duration and never told him how long i would be living under him, am i still bound by his “oral contract” and if i am is he not bound by his oral contract for agreeing that it was okay for me to move out in two months and then changing his mind?
Hello.
i went into a verbal contract with a long time friend of mine… I put in business equipment and he put in 30K. the business was already in his name. i worked hard for a year and a half as did he. I was supposed to have my name listed as 40% owner and it was never done, i complained for the last several months and then we agreed to work it out in Dec at the year end owners meeting. i though he was stealing some of our money so i hired an accountant to go over the books and she found alot of discrenpancies and when i told him he freaked out and ereased the books and said she is an idoit. The account said she will testify in court that both the partner and his wife admitted to her that i was 40% owner at there house.
I was supposed to be paid in dec 2011 my share($24K) and this is when it all went wrong. He said my word is better than any piece of paper but did not sign anything. I did not get any money and he said he would offer me a nice severence package? I am an owner and we have recorded our business conversations saying so. He then said i am just an employee. I decided to retake my business equipment and then he called the police and said i stole everything and the police came to me and took everything back and gave it to him saying i had nothing on paper. I said this is a civil dispute and we have a verbal agreeement. i let him listen to the year end meeting recording and showed many emails saying we are partners. He said i need it in writing in the state of Colorado but this was our working agreement for the last 1.5 years. Both of our wifes were aware of the deal but his wife changed her tune as well.
Now i am looking at burglery charges when in reality i am an owner that does not want to give up the business i founded not to mention i trained my partner for the last 4 years for free.
It gets better… at the year end meeting i also learned he filed Bankruptcy with out my knowledge and is paying the person we bought the company from under the table, which i think the IRS would be interested in. The BK was also fraudlent as i know for a fact that he has alot of cash in his safe.
What should i do?
I live in Ohio, Back in August 2011 A friend and I agreed he could move in at $400 a month. Well he didnt move in but wanted to leave all his stuff here that he moved in. So he told me he would pay me 100 a month to leave his stuff. I told him to get a storage unit, He didnt want to so we agreed on 50 per month. He told me it would be out november 1st 2011. November hit I told him he needed to come get his belongings, not until 2nd week of december did he get back to me. He kept giving me the run around until today 1-2-2012. Now he is telling me he isnt going to pay me and he is coming to get his belongings on friday. What grounds do I have to stand on. Thanks William
Hi, will someone please answer this for me? I just rented a new building for my new restaurant under an llc. My partners and I have spent an immense ammount of money on this building that seemed great in at first looks. It was promised to us that the placewould be in tip top condition once leased and that any cost on our behalv would be rembursed. Now he landlord and relator both didnt want us to have our money back so we met at their office and came to a mutual agreement that they would pay for our exspenses along with starting our rent from Oct 1st to Jan 1st. They did pay for our exspenses because of promises they made to us but they did hold up on our full agreement to not have to pay any rent until Jan 1st. They are basically trying to make me start paying early and this was not agreement does anyone think I have a case?
I purchased a vehicle in my name in January of this year. After 6 months of making payments (on time) I then made an agreement with my sister that she make all the payments on the vehicle until completion of the loan. The vehicle was going to be hers (for all intense purposes), she would keep the vehicle with her, insure it, maintain payments etc. and would eventually refinance the vehicle into her name. She recently disclosed that she would not be able to make any future payments. I have since gotten into other financial obligations. Is a verbal agreement binding in this scenario? if I sell the vehicle or worse case scenario, voluntarily repo it, can I make a case to have her responsible for any negative equity left in the loan? Thank you.
During my 90 day review (Jan), I requested in a powerpoint presentation on screen and in a hard copy for him for an IRA matching plan of 5% of my income and he agreed. He said set it up and we’ll do it. Well, I’m just getting around to doing it now (October). Either way, can I hold him to the financial aspect of 5% of my income for the last 41 weeks (up to the $5,000 max contribution limit for 2011)?
We had verbal agreement with a Landlord about leasing a business building, all we were waiting for was for some modifications in the original contract. We emailed the landlord several times over the week. After one week he sent us an email stating that his brother leased the location while he was out of the city.
Please let me know if action can be taken.