I had not defaulted on the agreement
2006-09-06 16:03:55 · 7 answers · asked by momblob 1 in Politics & Government ➔ Law & Ethics
Snap On Tools. Worth approx. $30,000. Made agreement to pay $100/WK, payments made on time and accepted, quit job, x-boss called tool salesman who picked box up even though payments were current. I had no knowledge of agreement between xboss and salesman. I was given no prior warning that toolbox was being repossessed.
2006-09-06 16:16:57 · update #1
you always have a legal positoin, that position may be you have no case, but you always have a position.
You have not told any details so there is no way to tell, what sort of agreement, what sort of verbal agreement, was there some written agreement ? what kind of tools, how much did they cost, what was the details of the agreement and so on.
2006-09-06 16:06:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Your situation is covered by the Statute of Frauds. Any agreement which will take more than 1 year to complete or is for goods worth more than $500 requires a signed contract. Absent such a contract, courts are reluctant to enforce the agreement. You can overcome the need for a formal contract with some writing referable to the agreement with a signature. This could be a receipt or canceled check. Almost anything will suffice for a signature, including a corporate logo or some type of contact info that lets the court know the paper came from Snap-On. You may not get your tools back, but a court might force Snap-On to refund your money less any restocking/recovery fee. Courts will also enforce a Statute of Frauds claim is you've performed your part of the agreement, i.e. made regular payments. The theory is that you wouldn't give Snap-On your money if there hadn't been an agreement.
If you don't want to hire an attorney, your best bet is to call the district manager in your area. If you can't get in touch with the salesman, call their national HQ and ask to speak to someone about your issue.
2006-09-07 00:06:33 · answer #2 · answered by bestguessing 3 · 0⤊ 0⤋
If all you have is a verbal agreement that basically what we have here is shouting match. Your position can be improved if you have a bill of sale supported by your payments made to him (hopefully by check or credit card.) If not, were there any witness present when you made the agreement, you need to have proof that an agreement was made and that you complied to the terms.
Assuming, that the purchase was made legally, then you can also call the manufacturer or distributor and file complaint and request a refund. Verbal agreements can be legally binding but you need to be able to support your side, if not then your back to the shouting match.
2006-09-06 23:22:22 · answer #3 · answered by mzatk 3 · 0⤊ 0⤋
It depends on the agreement. Are there any creditable witnesses? They say possession is 9/10 of the law. Good luck!
2006-09-06 23:08:29 · answer #4 · answered by 75160 4 · 0⤊ 0⤋
No, verbal agreements can not be pr oven- no legal position. After all houses and cars are repossessed
2006-09-06 23:13:54 · answer #5 · answered by Tinkerbelle 6 · 0⤊ 0⤋
it is nearly impossible to answer your question w/o more facts. Why did he take the tools back?
2006-09-06 23:06:23 · answer #6 · answered by Carl 7 · 0⤊ 0⤋
no, it's your word against his
2006-09-06 23:05:44 · answer #7 · answered by aarontwoa 2 · 0⤊ 0⤋