Long story short: via the telephone, someone agreed in a recorded converation to sell land to a company that buys land. The company sent the paperwork, but the person decided not to sell after all. The company now says that they will sue for breach of contract. Is this valid?
2006-06-26 03:56:33 · 9 answers · asked by Mahoganie 2 in Politics & Government ➔ Law & Ethics
The person was told prior to the conversation that it was being recorded, so that part is not a surprise.
2006-06-26 04:01:56 · update #1
A verbal contract is just as valid as a written one. Especially if that person knows the conversation is being recorded. But laws vary state to state, so I would look up your state's contract laws on line.
2006-06-26 04:01:28 · answer #1 · answered by wannabebeachbum 3 · 1⤊ 0⤋
No, because the information that was sent after the fact may have changed the terms of the verbal contract.
I think it would be a very tough case to win in court to uphold this contract. I am sure there are many details that could get them out of this contract. The buyer could make a case for promissory estopple if they changed their behavior based on the information in this phone call (ex: they chose not to purchase another piece of land).
2006-06-26 11:35:25 · answer #2 · answered by Christopher 4 · 0⤊ 0⤋
Okay, first off, this question should be asked of an attorney. So, my first suggestion is that you speak with legal counsil in your area.
However, what I know of contract law is that a verbal contract is an enforcable contract. If the agreement was recorded, then it is most likely enforcable. However, there are various loop holes and ways around verbal contracts, so as I said in the beginning, talk to a lawyer.
K
2006-06-26 11:06:27 · answer #3 · answered by ktina5672 1 · 0⤊ 0⤋
It may depend on the state in which it happened, but I don't know of anywhere that a verbal contract without a pre-signed arrangement is vaild.
For example, my company does a lot of business over the phone, but there are pre-existing contracts stating that they agree to abide by what is said over the phone.
2006-06-26 11:00:32 · answer #4 · answered by FozzieBear 7 · 0⤊ 0⤋
Can the company positively identify the person they talked to (who allegedly agreed to the sale?) If they can't make a positive ID, who will they sue? Somebody they THINK they talked to? Sounds like the alledged seller has plausible deniability.
Of course, I'm not a lawyer and I don't even play one on TV.
2006-06-26 11:02:21 · answer #5 · answered by Angry C 7 · 0⤊ 0⤋
The verbal contract would hold up in court, so yes, the person who was supposed to sell can be sued.
2006-06-26 11:00:41 · answer #6 · answered by Stuart 7 · 0⤊ 0⤋
A verbal contract is legal and binding. Oftentimes though, it does not win totally and is granted a percentage.
2006-06-26 11:00:55 · answer #7 · answered by Raistlin H 3 · 0⤊ 0⤋
I don t know - how they think to sue after all.......If no papers not signatures from both sides.....They have only word,and word is nothing if you don t have it on paper.......
2006-06-26 11:03:31 · answer #8 · answered by Danica O 4 · 0⤊ 0⤋
tell them to prove it
2006-06-26 11:00:14 · answer #9 · answered by Anonymous · 0⤊ 0⤋