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The Law & Verbal Agreements

By: Garry Crystal - Updated: 23 Jul 2016 | comments*Discuss
 
Verbal Agreements Legal Binding

Many people are not aware that verbal agreements are in many cases as legally binding as written contracts. Verbal contracts can be upheld by a court if someone decides to breach the agreement, although without written terms and conditions it may be difficult to prove.

Conditions of a Verbal Agreement

Under law there are two basic terms that constitute a binding agreement. The verbal agreement will be binding if there was an agreement on the services to be performed and an agreement was reached on remuneration for this service. This agreement can be reached by a verbal exchange in person, via telephone or via an email.

There are certain contracts and agreements that must be made in writing and these will include the sale of property, tenancy agreements, copyright transfer, and contracts for consumer credit. In some cases, verbal agreements will not be upheld in court, not because of the lack of a written agreement but because the terms of the verbal agreement were not clarified.

Written Agreements

For any agreement concerning an exchange of services it is a wise idea to have some form of contract or written statement. The contract or statement should include the terms and conditions of the agreement and is particularly helpful if a dispute between the parties occurs.

Complete Verbal Agreements

In order for a verbal agreement to be legally binding the agreement must have reached completeness. This means that all terms and conditions have been reached and agreed regarding services and terms of pay. Agreements will be incomplete when there are still further terms and conditions to be agreed. Agreements in principle will not usually be upheld in court and will not usually be considered complete verbal agreements.

Verbal Agreements and Disputes

If either party has decided to break a contract then the matter can be taken to the legal courts. In most cases the dispute may rest on the justification of the terms of the verbal agreement. There are a few ways that a judge will try and establish the terms of the agreement. These could include investigating what actually happened in practice. This can include the services that were actually undertaken and if any money whatsoever was paid for any services.

Enforcing a Verbal Agreement

Apart from taking the matter to court there are other ways to enforce a verbal agreement. If money is owed then the matter can be passed on to a collection agency to try to enforce the matter for you. The disgruntled party can also apply pressure themselves by sending letter, emails and making telephone calls to the person who is in breach of contract. Copies of all emails and letters should be kept in case the matter does reach the law courts.

Payment before Service

One way of avoiding this sort of dispute ever occurring may be to ask for some form of payment before supplying a service. Although the customer may not always agree to this it may be an option to consider. In some cases if a person is going to breach a contract and withhold payment then the odds are they may never have intended to pay for the service in the first place. In many cases though a customer may not like the idea of paying for a service until the job is completed for fear of non completion.

Threatening court action for breach of a verbal contract may not actually help the matter at all if one party intended not to carry through on the agreement. However the law does consider complete verbal agreements as Legally Binding and the matter can be brought to the law courts for a judge to make the final decision.

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Hi everyone. Trust you all are well. I need some advice. I worked for a physio for 23 days i started on the 28 june nd 23 july was my last day i was treated very bad but my problem is i didnt sign a contract but der was a verbal agreement between him nd i that he will pay me R3300 now he saying thatd he not gna pay that amount and he spoke to him lawyers nd accountant so i had a big mouth saying that i didnt sign anything nd dnt threaten me woth this nonsense. What i wana knoe is how do i go about getting my salary.plz help
Lisa - 23-Jul-16 @ 12:16 PM
I've been selling my car recently. A dealer had agreed to buy it, he offered me a price which I was willing to accept although lower than hoped. He was then going to get a driver to book train tickets, inspect the car, pay the money and take the car. Whilst I was waiting for the dealer to get back to me with suitable train times I received another much higher offer. I've taken this offer and sold the car. The dealer is understandably unhappy and I offered as good will to pay for the train ticket. He is now wanting to sue due to loss of profit (on the future sale of my car). Where do I stand. I'm in Scotland and he is in England if it makes any difference.
Bruce - 20-Jul-16 @ 8:34 AM
I wa given a 5yr verbal tenancy and after 10 months was told had to move out.. I only took tenancy because it was offered for 5yrs as I only rent and need security for my family. .can I take him to court
Ciderman41 - 14-Jul-16 @ 12:48 PM
At my recent wedding my partner had arranged the hire of wedding vehicles. 24hours before the event the company informed us that one car was unavailable due to a mechanical issue, and an alternative would be sent as a last resort. The alternative was sent, we used the service but were unhappy with the standard of the vehicle. We reported this immediately the day after by phone. During the afternoon the driver approached the brides mother to say that both cars were due to leave and for them to stay it would cost £150 per vehicle she agreed verbally. But it turns out that one of the vehicles wasn't due to leave and paid until 15.30 already. Because the hire companies agent stated that both vehicles were due to leave and this was the basis of her agreeing to them staying - where do we stand? The owner of the company the day after also stated that we didn't have to pay and that he would sort out the wrong car issue after our return from honeymoon. We have since sent an email requesting a refund to the hire company and broker and he is now try to charge us more for the additional stay and threatening legal action. They are stating term and conditions but we were never given any at the time of booking or paying. Thanks
GT - 4-Jul-16 @ 5:55 AM
Louiland - Your Question:
Hi. My partner has received a county court order for a claim against breaching a verbal agreement- this agreement is linked to child maintenance, he has been over paying for 11 years in order to keep his son close (with constant threats his son will be moving to Scotland). The move has now happened and therefore stopped the payments and went through CSA. Unsurprisingly CSA advised to pay a lesser amount, however his ex is now seeking payment for thr interim period on the basis He has breached a verbal agreement. He is defending this as the agreement was breached with the move to Scotland. What will be the best form of evidence to provide to help our case? Any adviceWould be greatly received. Thank you

Our Response:
Any verbal family-based agreement for child maintenence is just that 'family-based' a negotiation between the two parties and generally not legally enforceable. If your partner decided to stop paying his ex, then she would have had the option to go straight to the CMS and make an application against him. The issue here is that child maintenance and child access have no bearing on each other, meaning your partner was still responsible to pay to support the day-to-day needs of the child regardless of any disagreement between the parents. However, if a family-based agreement breaks down and the resident-parent has an option to approach the CMS, then any claim she would have on arrears would be from the time she made the claim. If she didn't not take the matter further, then really that was up to her. Some legal advice would help your partner build a case in his defence.
ContractsAndAgreements - 1-Jul-16 @ 2:18 PM
I could use some help! I own a business in California and was considering selling the business. One Friday after work I went out to the bar with one of my Independent Contractors and we started talking about how I wanted to sell the business and he mentioned that he was looking to get into ownership. I asked if he had as much money to buy the business that I was looking for and he said no. I mentioned that I had made a deal with a prior employee that the employee could take over 80% of the business and pay me a monthly amount. the Independent contractor was interested so we jotted some numbers down on a napkin trying to figure out what he would be able to pay me if we did a deal like that. He even said he was coming into some money that he could use for a down payment in about a month or so. We bantered on for a little while longer but I never said "Its a deal" or anything like that and we never got into any of the specifics of the sale. About a half year later I found a buyer for the business but the independent contractor is claiming that we already had a deal and said that he would sue me if I didn't go through with our plan. Also, he never gave me any of the money that he mentioned that he was coming into. Am I to consider that we had a contract because we scribbled down some numbers on a napkin while drunk? Normally, the buyer makes an offer and the seller accepts the offer but what is the situation when I, the seller, come up with a way for the buyer to pay me? Was it a binding contract if I never said, "yes, I will sell you my business"?
Matty Bigg - 1-Jul-16 @ 3:18 AM
Hi. My partner has received a county court order for a claim against breaching a verbal agreement- this agreement is linked to child maintenance, he has been over paying for 11 years in order to keep his son close (with constant threats his son will be moving to Scotland) . The move has now happened and therefore stopped the payments and went throughCSA. Unsurprisingly CSA advised to pay a lesser amount, however his ex is now seeking payment for thr interim period on the basis He has breached a verbal agreement. He is defending this as the agreement was breached with the move to Scotland. What will be the best form of evidence to provide to help our case? Any advice Would be greatly received. Thank you
Louiland - 30-Jun-16 @ 7:52 PM
Damzil in distress- Your Question:
Hi there any help. I started to work at a company in September 2015 I never signed a contract and when I queried about it manager told me there was no need for a contact. She told me I would work Monday to Friday from 07:00 -17:00 and every second Saturday from 07:00-12:00 witch was fine. A few days ago was told my hours is changing from 6:00-14:00 and 14:00 -21:00 this is for Monday to Friday one week I'd work from 06:00-14:00 and the next week from 13:00-21:00 I'd be working every Saturday and Sunday from 06:00-13:00 one week and the next weekend 13:00-21:00 I was told if I'm unhappy with the hours I must resign is there anything legally what I could do?

Our Response:
Yes, your employer must get your agreement if they wish to make changes to your contract. While you say you do not have a contract, if you are working for someone there will always be a contract between you as the employee and your employer. That does not necessarily mean that you will have that contractual arrangement in writing. The simple fact that your employer has agreed to pay you in return for you doing work for them creates a contractual relationship. Some employers think that they have greater flexibility if they do not issue documentary contracts when in reality the opposite can be true. It is much easier for an employer to assert the terms of an employee’s employment if they are written in black and white and do not provide any room for manoeuvre. If such a document does not exist, this provides significantly wider scope for flexibility. If your employer is asking you to resign as a result of you not accepting the new hours then your employer may be working outside the law, therefore I suggest you give ACAS a call in order to make sure you are aware of your rights. If your employer tries to dismiss you if you do not agree to the terms, then you may have a case for unfair dismissal. You can contact ACAS via the link here.
ContractsAndAgreements - 30-Jun-16 @ 10:40 AM
Hi there any help. I started to work at a company in September2015 I never signed a contract and when I queriedabout it manager told me there was no need for a contact.She told me i would work Monday to Friday from 07:00 -17:00 and every second Saturday from 07:00-12:00 witch was fine. A few days ago was told my hours is changing from 6:00-14:00 and 14:00 -21:00 this is for Monday to Friday one week I'd work from 06:00-14:00 andthe next week from 13:00-21:00 I'd be working every Saturday and Sunday from 06:00-13:00 one week and the next weekend 13:00-21:00 I was told if I'm unhappy with the hoursI must resign is there anything legallywhat I could do?
Damzil in distress - 29-Jun-16 @ 12:03 PM
I am a manager of a small establishment . I received a telephone call offer an online service for the business. I thought this company was already supplying a service as they said it was to do with goggle. I thought I was authorised to ok this service but did not realise they wanted £299. My employer didn't want this service so I tried to contact the company through email but did not receive any contact for several days. When the company did get in contact we were told that we could not cancel as it was too late. I explained I was not told any time scale for cancellation which hey then offered to reduce the cancellation fee to £99. I explained that the owner of the company did not want the service and would not pay. The person I spoke to said they would get back to me as I could not personally clear the fee. A week later I had another phone call demanding payment where I explained everything again and was told that they would need payment. I was not told any terms or conditions but they told me sternly it is clear on their website which was in an email that I did not receive.
G4ilb - 27-Jun-16 @ 7:26 PM
I purchased a vehicle at a buy here pay here lot and 2 months later I returned it because the owner said he would re finance my money for the vehicle but since the insurance did not pay for the broken side mirror and the small scuff mark on the door he refused to pay. He alsostated that I could not purchase the vehicle back from this agreement we made so idk what to do and oh i put my truck on my mom insurance and he put a claim on her insurance and it was not insured within 1 week
Nikki - 26-Jun-16 @ 10:50 AM
Hi we got a car on pcp 3 years ago and were under the impression it was due for renewal after 3 years. (Hubby and I) Today I went car shopping and had told the other car garages that it's due to be swapped in by end of July ... We were then told by another dealer different to the one we are with at the moment that it's actually a 4 year deal meaning we would owe the last years payment if we were to swap it in this year. We were both adamant it was a 3 year deal and came home to check. Only to find out that we have a lease agreement with none of our signatures on. We only have one document with our signature and that's for a 3 year gap insurance. Now we think the sales person at the time lied to us that it was 3 years when it wasn't then gave us four year papers knowing once we read it all we will find out the truth. Where do we stand with this. Are we still leagally bound for another year even though we haven't signed the agreement or do we just tell the dealer and hope they are reasonable enough to let us part exchange with no negative equity or walk away from the deal altogether? The reason why we need a new car is the current one is a fiat 500 and I'm 5 months pregnant so need a bigger car for another child as boot space and car seat space is scarce Help!,
Mizzy - 18-Jun-16 @ 11:44 PM
JJ - Your Question:
3 years ago, I embarked on a venture with my brother, sister and mother to start up a Buy to Let property portfolio. We do not have good occupation related pensions and felt investing in property for our future would be the best option. We were a close family and my parents wanted us to all benefit collectively as equals. However, our individual funds differed massively. In order to make the venture possible my mother and I financed the majority of the capital required. A verbal agreement was made between my brother and sister that they would contribute as much as they could afford initially and going forward they would pay back a fixed amount each month until their debts were repaid. Our portfolio is made up of 4 properties. To make things straight forward we each own 25% which is written on the title deeds to each property. However, my sister reneged on our verbal agreement. She refused to pay the monthly instalments whilst my brother continued to pay with no quibble. We then made another verbal agreement with my sister. Her potion of the profit after tax would be used to pay her debt off to my mother and I. A year down the line my sister has now expressed her desire to exit the venture and have her money back. However she has also had the properties independently valued and is demanding 25% of the total figure. We have detailed accounts which show the exact transactions made by my sister to date. She only put in £21,303.30. My mother, brother and I have stumped up the remaining £173,000 (£57,600 each). My sister has now employed a solicitor. We have received a number of letters over the past few months. In the latest letter they are demanding we pay my sister £96,000. However, they also state that my sister will accept £75,000 if we pay the money to her immediately. If we do not comply they will be taking us to court for the full £96,000. We have not sought legal advice yet. Where do we stand? My sister reneged on a verbal agreement to repay a debt to my mother and I. We are still owed £28,000 and yet she is demanding £96,000. Will the verbal agreement that was made be legitimate in court?

Our Response:
Unfortunately, we cannot advise on this as we can only issue general advice, not specific. I suggest given the amounts involved that you seek legal advice if you wish to argue the case.
ContractsAndAgreements - 3-Jun-16 @ 11:20 AM
3 years ago, I embarked on a venture with my brother, sister and mother to start up a Buy to Let property portfolio.We do not have good occupation related pensions and felt investing in property for our future would be the best option.We were a close family and my parents wanted us to all benefit collectively as equals.However, our individual funds differed massively.In order to make the venture possible my mother and I financed the majority of the capital required.A verbal agreement was made between my brother and sister that they would contribute as much as they could afford initially and going forward they would pay back a fixed amount each month until their debts were repaid.Our portfolio is made up of 4 properties.To make things straight forward we each own 25% which is written on the title deeds to each property.However, my sister reneged on our verbal agreement.She refused to pay the monthly instalments whilst my brother continued to pay with no quibble.We then made another verbal agreement with my sister.Her potion of the profit after tax would be used to pay her debt off to my mother and I.A year down the line my sister has now expressed her desire to exit the venture and have her money back.However she has also had the properties independently valued and is demanding 25% of the total figure.We have detailed accounts which show the exact transactions made by my sister to date.She only put in £21,303.30.My mother, brother and I have stumped up the remaining £173,000 (£57,600 each).My sister has now employed a solicitor.We have received a number of letters over the past few months.In the latest letter they are demanding we pay my sister £96,000.However, they also state that my sister will accept £75,000 if we pay the money to her immediately.If we do not comply they will be taking us to court for the full £96,000.We have not sought legal advice yet.Where do we stand?My sister reneged on a verbal agreement to repay a debt to my mother and I.We are still owed £28,000 and yet she is demanding £96,000.Will the verbal agreement that was made be legitimate in court?
JJ - 2-Jun-16 @ 2:37 PM
In 2013, before the government blocked the tax advantages, I sold my sole trade business as a going concern to a new company that I formed for the purpose.This included a sale of goodwill for value, n which I personally reported a capital gain, and the company reported the goodwill in its accounts and corporation tax return. HMRC is now questioning the goodwill.I can quite understand that its market value might be contentious, and have no problems with having to argue that point. However HMRC are also trying to argue that in the absence of a written sale agreement there was no transfer of goodwill, so that its valuation then becomes moot.It is true that there was no written sale contract.I did not consider it necessary as there was no prospect of either myself personally or my company entering into litigation with the other party to the contract. If you accept that the goodwill had some positive (albeit uncertain) value, can HMRC's argument that there was no transfer be upheld?
1eyedjack - 2-Jun-16 @ 6:05 AM
Rose - Your Question:
I recently won a large sum of money playing bingo. I sometimes go with my brother and on occasion would offer some of my winning to my brother if he was also present when I won. On this particular occasion the sum I won was a large sum. As I claim benefits I decided to declare the winnings so that my benefits can be assessed. I there decided that I would keep all the winnings for myself as I would now loose some of my income. My brother has decided that he was entitled to half of the sum and has commissioned a solicitor to chase me for the money. I have since had several threatening letters from his solicitor and last which I have ignored. Lasts night an agent from the solicitor turned up at my house at 9pm issuing me a letter stating that if I didn't transfer all the winnings to his solicitor they will take me to court as I am in breach of contract. There is no contract, written or otherwise. What is the legal stand on this, and can the solicitor carry out such unsociable and harassing actions to instill fear?

Our Response:
If you won the bingo on the card you bought then the winnings should be rightfully yours and to be dispensed with how you see fit. I can only suggest you seek legal advice and perhaps get a solicitor to outline your own rights. I can't speculate whether this was an actual solicitor your brother sent, but if so they certainly shouldn't be carrying out such aggressive bully-boy tactics.
ContractsAndAgreements - 1-Jun-16 @ 3:02 PM
Shay - Your Question:
( CONTINUE OF MOVING MOBILE HOME NOT OWNING LAND VERBAL AGREEMENT)my story cut off ill finish it on here,I thought 3yrs was going to be hard to do but a yr I would have never bought the place Knowing I would have to move it , find land, fix the place and all etc.ive been here a yr, can she just throw me out like that I own the mobile home on her land, can she have a truck hooked up to my mobile home and pull it down the road, can she make us get off her property since we been here a year. will our original verbal agreement hold up, Can she change the verbal agreement after I purchased the place like that , ETC , PLEASE HELP !!!

Our Response:
I'm afraid as we are a UK-based site, we cannot advise on US-based agreements as the laws will be different in your country. I can only suggest you seek legal advice.
ContractsAndAgreements - 1-Jun-16 @ 2:41 PM
I sold my sole trade business to my newly formed company, including goodwill.There is no written sale agreement.HMRC is arguing about the valuation of goodwill, which is fair game for argument, no issues there.But HMRC is also arguing that absent a written contract of sale there can have been no transfer of goodwill, whatever its hypothetical value might be.Is that right?
1eyedjack - 1-Jun-16 @ 8:02 AM
I recently won a large sum of money playing bingo. I sometimes go with my brother and on occasion would offer some of my winning to my brother if he was also present when i won. On this particular occasion the sum I won was a large sum. As I claim benefits I decided to declare the winnings so that my benefits can be assessed. I there decided that I would keep all the winnings for myself as I would now loose some of my income. My brother has decided that he was entitled to half of the sum and has commissioned a solicitor to chase me for the money. I have since had several threatening letters from his solicitor and last which I have ignored. Lasts night an agent from the solicitor turned up at my house at 9pm issuing me a letter stating that if i didn't transfer all the winnings to his solicitor they will take me to court as I am in breach of contract. There is no contract, written or otherwise. What is the legal stand on this, and can the solicitor carry out such unsociable and harassing actions to instill fear?
Rose - 1-Jun-16 @ 6:08 AM
( CONTINUE OF MOVING MOBILE HOME NOT OWNING LAND VERBAL AGREEMENT) my story cut off ill finish it on here, I thought 3yrs was going to be hard to do but a yr I would have never bought the place Knowing I would have to move it , find land, fix the place and all etc. ive been here a yr, can she just throw me out like that I own the mobile home on her land, can she have a truck hooked up to mymobile home and pull it down the road, can she make us get off her property since we been here a year. will our original verbal agreement hold up, Can she change the verbal agreement after I purchased the place like that , ETC , PLEASE HELP !!!
Shay - 1-Jun-16 @ 2:06 AM
Hi , I had a family member sell a mobile home but not the land. 2 years later aprox that person sold me the mobile home and my agreement with the family member who owns the land was if I purchased the mobile home I had 3 yrs to move it and not to alter the land and lot rent was to be $75 a month if I mowed. The Place was a dump and needed alot of work, all the floors needed fixed, the water lines were all broke, everything needed fixed , there was no siding on the back of the mobile home, etc ,She was suppose to write up an agreement and we were to sign it, she never did, she lives in another State! A week after I purchased the place she called me and said neighbors were complaining about me and if it kept up I had to move the place, I told her I see where shes going, she got the place sold now shes changing the deal right away, she hung up . a week later she came into town and my mother told the family member that the well isn't working and I have to haul in water and the family member said don't worry about the $75 a month but I should find property and move the mobile home asap. During this time I put gravel in the driveway, kept the yard mowed, cleaned the place up it was a dump. I messaged her about a month ago and told her I been looking for property and who moved the mobile home originally for her so I could get a quote . SHE NEVER ANSWERED, SHE was suppose to come to town twice and stop in when she was here, she never stopped over when she was in town. So I messaged her today and told her I been looking for property still and I'm putting a off grid water system in for it to stay so when she moves back she can use it and in a week I'm putting more gravel in the drive way. She sends a text that sorry but our agreement was that in a yr I had to move and the end of june is my year . I told no she never told me that , and she asked if she should 3way my mom to refresh my memory, I said yes, because she may have said that to someone else but not me .She went on to text me that either ill move it or shell have it moved and I replied well it is what it is ill do what I can but so she knows shes really Screwing me . She starts flipping out that I'm running my mouth and shell be in town in 2 weeks I can run my mouth to her face, I asked her what she going to do assult me , she then goes on to say now I only have 2 weeks to move the home. I said my as well make it a week because I'm going to accomplish the same thing In a week. my mom comes over and texts her on my phone and tells her she never said we had a year and of course shes saying she did and then my mom tells her were looking for land, well have it gone asap but its not going to be in 30 days and her reply was well its going to be moved our way or her way but its going to be moved. Now b4 I bought the place she was nice as pie saying I could have my son move in which he did, and I will save money and I have 3 yrs to find property , I was thinking its going t
Shay - 1-Jun-16 @ 1:58 AM
Hi I have recently been fired. I had a verbal agreement before I was fired of how much pay I would get for my wage including commission. This was met with performance. I was paid my wage ( including pay in lieu of notice) however not my commission. I only signed the agreement in which I was terminated from the verbal agreement. I would like to know if I am still entitled to the commission. I worked extremely hard for it. I was never told that if I was to be fired I wouldn't receive it. In addition I repeatedly asked for a written contract (for around 2 months) And a day before I was fired I was given it. Does this mean anything? I also read the contract after and it suggest that the commission scheme is run by the company in absolute discretion. Which means I have no rights to claim it back. But this was never mentioned to me. And I am scared they will use it against me.Please may I be given some advice.
Amaix - 29-May-16 @ 11:27 AM
bolo12 - Your Question:
We are an animal charity run by trustees with an employed manager.The manager was employed on a verbal contract more than 20 years ago, but the last of the trustees present at that time passed away some years ago.As the current trustees have no knowledge of what was verbally agreed, is that verbal contract still legally binding?The charity has grown considerably over the years and we have tried to negotiate with our manager to vary his terms of employment, but he will only stick by his original verbal agreement, the details of which are now only known by him and on which he is not very forthcoming.Therefore is there anything we can do?

Our Response:
You would have to seek legal advice regarding this. The verbal contract could still be legally binding due to the fact it was agreed more than 20 years ago. Therefore, I advise you look through past records to check if there is anything written down regarding his employment. However, a charity should produce a written agreement, but in trying to implement this you would have to tread cautiously as if changes are made without consent it may entitle your manager to resign and bring a claim for unfair constructive dismissal. If you have any doubts you may also wish to give ACAS a call.
ContractsAndAgreements - 27-May-16 @ 10:23 AM
Mehdi - Your Question:
2 years ago I made an agreement with my neighbour(who is a builder) to redo the external rendering of my house. I have email records of the detailed work I requested alongwith his replies/quote. The builder didn't officially invoice me but I paid the full amount for the work in cash as requested. I did not get him to sign any receipts. During the works, while the render was being removed on the front 1st floor bay window the single brick bay wall was structurally damaged/collapsed inwards in several places. The builder repaired the wall and redid the external and internal redecoration in july 2014. Since winter last year there is significant damp and water penetration/mould. Since Jan16 I have informed him that the work was not done to a reasonable standard. The existing damp proof membrane in the wall has clearly been damaged. I secretly recorded my last mobile phone conversation with him wherein he acknowledges the wall was damaged and receipt of payment. However he claims this is condensation due to my having a PC there. Do I have sufficient evidence to take him to court successfully?

Our Response:
I can only suggest you seek legal advice here. Paying cash and getting no receipts are a tricky thing to prove. A trip to a solicitor for some advice and perhaps a letter to him threatening court may jolt your builder into re-doing the work and save the hassle of court.
ContractsAndAgreements - 26-May-16 @ 11:41 AM
We are an animal charity run by trustees with an employed manager. The manager was employed on a verbal contract more than 20 years ago, but the last of the trustees present at that time passed away some years ago. As the current trustees have no knowledge of what was verbally agreed, is that verbal contract still legally binding? The charity has grown considerably over the years and we have tried to negotiate with our manager to vary his terms of employment, but he will only stick by his original verbal agreement, the details of which are now only known by him and on which he is not very forthcoming. Therefore is there anything we can do?
bolo12 - 26-May-16 @ 10:26 AM
2 years ago I made an agreement with my neighbour(who is a builder) to redo the external rendering of my house. I have email records of the detailed work I requested alongwith his replies/quote. The builder didn't officially invoice me but I paid the full amount for the work in cash as requested. I did not get him to sign any receipts. During the works, while the render was being removed on the front 1st floor bay window the single brick bay wall was structurally damaged/collapsed inwards in several places. The builder repaired the wall and redid the external and internal redecoration in july 2014. Since winter last year there is significant damp and water penetration/mould. Since Jan16 I have informed him that the work was not done to a reasonable standard. The existing damp proof membrane in the wall has clearly been damaged. I secretly recorded my last mobile phone conversation with him wherein he acknowledges the wall was damaged and receipt of payment. However he claims this is condensation due to my having a PC there. Do I have sufficient evidence to take him to court successfully?
Mehdi - 25-May-16 @ 2:11 PM
i would like some serious legal advice I recently was told that I had to move out, by they verbally saying this and telling me I owe them the sum of 2,127.43 in back owed rent now again this was a verbal agreement I was taking upon when my landlord said would pay me a wage for working in7.25as verbally agreed upon that until I was able to get another job I could work off my rent. I WANT TO KNOWWHAT MY LEGAL RIGHT IS TO THIS :: nowI have keep records of thisin the way of hours 7.25 times 4 hours a day for six days a week is a sum total 174 a week he has failed to take weekly pay outin the sum of 174 to the total amount stated aboveand has also failed to report that I am legally working in this store from March 15th to May 20th now I have been adding this up in everway possibleif you take the 174 a week times that y the standard four weekswould be 696 a month now mind they aren't taking out taxes for ths either so if I took 696 and times that by three months is 2,088 dollarehe leagal say still owe himI would like to know what to do about thisregardless I will be moving with my security deposit cause he says he has a legal righto keep it
puzzled35 - 25-May-16 @ 7:15 AM
@Ab Fab - ring them up and ask if they record the calls for training and monitoring purposes - if the adviser said what you stated then they they have broken the agreement and this could be your get-out clause.
Charlie56 - 23-May-16 @ 11:19 AM
At my business premises I have been with my energy supplier for 12years always paying a fixed amount each month by direct debit. I have recently changed supplier as the broker said I would be saving quite a lot of money, I asked her several times during the call if I could continue to pay in the same way as I like to know what I'm paying each month, & she said yes. She read the verbal contract over the phone @ which point I said I agree & can you confirm that I can pay fixed amount each month she answered yes. Now I'm receiving really high bills, my new supplier didn't ask or come & take a meter reading so now they are saying I owe quite a lot for just one month. I said I wished I'd never changed, she said your in a 3yr contract & the broker should never have said that to you as we don't work like that. I have received my contract but haven't signed it, is there any way I could get out of it & go back to my previous supplier. Many thanks
Ab Fab - 22-May-16 @ 10:20 AM
Ginger - Your Question:
Hello, I had a verbal agreement to purchase 30 possibly more hanging baskets from a local nursery at a discounted price because of the quantity I was getting, I told the owner of the nursery that I would be back in two days to pay for them with a check, he was agreeing on the terms. When I went to pay for the product he refused to sell them to me, he said that after discussing it with his wife, that he wouldn't be making enough money for his efforts. I then attempted to renegotiate an different price and he still refused to sell to me. Just out of curiosity I asked if he would sell the product at full price, and he still refused to sell. I had to at the last minute find somewhere else to buy the baskets, costing me a much higher price because I didn't pre-order them can I sue the owner for breaking this verbal agreement, for damages ? It was a difference of $9 per basket. Plus all my anguish and running around?

Our Response:
I'm afraid we cannot answer this question fully as we are a UK-based site with knowledge of only UK consumer law. However, as a rule a retailer as the choice whether or not they wish to sell an item to a person regardless of a verbal agreement.
ContractsAndAgreements - 20-May-16 @ 10:47 AM
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