You invite a painter over to your home to discuss some painting that needs to be done. You discuss what needs to be painted, the desired color scheme, and the final price. Nothing is written down. You agree on terms and the painter then performs the work, for which you pay him. Have you entered into a contract? If so, what type?
2007-02-09 13:59:40 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
verbal and if problems arise you have no proof
2007-02-09 14:02:20 · answer #1 · answered by b 5 · 1⤊ 2⤋
It's a verbal contract, but if they flake on you or you flake on them, you would both be screwed in a court of law. Always get a written contract when having anyone do work on your home even if you know the person. Trust doesn't cut it when it comes to getting work done around the house. You should also use a painter you is bonded /licensed and insured just in case they do any damage to your home or in the even that they get injured on your property while performing the job. If they are not licensed and insured they could sue you for damages. Unless you are really rich and have tons of money you really can't afford somebody getting hurt on your property and then suing you.
2007-02-09 14:08:22 · answer #2 · answered by Anonymous · 0⤊ 1⤋
You may have entered into a verbal contract. If you signed something you entered into a legal contract.
Things you may consider: Does this painter speak English in an English speaking company? Was there any other persons present in the room. I'm not quite sure what is going on or what you are trying to get at but always always write down everything you remember and always try and have a witness.
2007-02-09 14:05:05 · answer #3 · answered by Anonymous · 0⤊ 2⤋
You have entered into a verbal contract with the painter.
2007-02-09 14:07:21 · answer #4 · answered by Lola 6 · 0⤊ 1⤋
Yes, you have entered into a contract (and completed it!). This is a contract for services and is likely governed by the Restatement (Second) of Contracts. This is actually a unilateral agreement! To be unilateral, an agreement must require full performance BEFORE payment is rendered. If you had arranged to pay him weekly, as he progressed witht he painting, it would then be a bilateral agreement.
Although it is a verbal agreement, it is enforceable under the statute of frauds! It does NOT need to be in writing! (However, to cover your own butt, always put things in writing and have BOTH parties sign it.) In order to have a statute of frauds problem with this contract it would have to be impossible to complete the service, painting, in less than one year.
2007-02-09 14:03:38 · answer #5 · answered by cyanne2ak 7 · 2⤊ 1⤋
Verbal, and in most states if you fail to pay the painter can place a lien on your property.
2007-02-09 16:42:02 · answer #6 · answered by caffeyw 5 · 0⤊ 0⤋
yes you have, in a verbal contract and if some witness can bring testimony of it, you are legally bound. for instance if the painters were two, you are screwed... dont even try to get away with it...
2007-02-09 14:03:33 · answer #7 · answered by Miss Debout 2 · 1⤊ 2⤋
you made a verbal contract with him...although not having something is writing is bad on your part because there is no actual proof the work was done nor is there paperwork for a warrenty
2007-02-09 14:03:08 · answer #8 · answered by charmel5496 6 · 1⤊ 2⤋
Verbal contract. Which may or may not be binding depending on your state.
2007-02-09 14:04:01 · answer #9 · answered by nardis14 2 · 1⤊ 2⤋
yes, a verbal contract
2007-02-09 14:02:40 · answer #10 · answered by Anonymous · 2⤊ 2⤋
Yes, verbal.
2007-02-09 14:02:35 · answer #11 · answered by blogbaba 6 · 2⤊ 2⤋