Verbal Agreements

[elms]

I made a verbal agreement when i sold a restoration project (investment for him) to a customer at a discounted brokers fee on the proviso that if i oversee the restoration i would then handle the sale of the car when it comes to sell it. I am now chasing an unpaid bill from him and things have become quite unpleasant between us. So obviously i wont be handling the sale now.
Where do i stand? Can i invoice him for the 6% fee we verbally agreed as a 'loss of earnings'? He still has the car by the way.

[dontlift]

probably not worth the paper it isnt written on

although there are legal types around that specialise in verbal contracts

>> Edited by dontlift on Tuesday 9th September 10:34

[PetrolTed]

In theory they've enforcable but in practice?

Sounds like you're better off trying to come to some sort of amicable arrangement before you lose any more money.

[eric mc]

A verbal agreement or contract is just as valid as a written one. Proof that the contract existed is more difficult if you cannot produce any paperwork. However, a verbal contract can be proved by looking at what is referred to as "part performance" i.e. one or both of the parties had carried out some if not all of the tasks which were expected of them under the terms of the verbal agreement/contract and that evidence of the work carried out (and value of that work) can be obtained. I am not a solicitor but I have studied contract law as part of my accountancy training (many years ago)and these basic principles of contracts always apply.

A Contract can even be IMPLIED - even if it was never specifically VERBALLY expressed .

>> Edited by eric mc on Tuesday 9th September 11:41

[Davel]

Were there any witnesses?

Verbal may be valid but it could cost you more trying to prove or enforce it.

Always back something up in writing, if you possibly can, otherwise try and resolve the issue as amicably as you can and put it down to experience!

Good luck....

[elms]

Well ive just sent the guy a letter asking whether or not he will be standing by his verbal agreement or not. I am pretty certain i will get a letter back saying "never agreed to anything of the sort" when we both know he did.