Legal Question??
#11
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Sounds like I won't be making any verbal agreements with people from long island.. Just kidding but how embarrassing is that here on OSO we preach honoring your word then a member comes on here and he or she tells us they do not want to honor their word.
Chris
Chris
#12
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Location: Grosse Pointe Farms, MI
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Raytart'
The Answer Is "no", You Are Not Bound By The Verbal Agreement! The Oil Company Delivers Oil Only After The Written Contract Is Signed.
This Is Their Normal Course Of Business.
The Only Thing The Oil Company Did Was To Make You An Offer! You Agreed To The Offer Subject To Reading The Contract. After Reading The Contract, You Changed Your Mind. Thats Perfectly Legal.
The Contract Was Never Executed!! Oil Has Not Been Delivered On The New Contract. Therefore An Agreement Was Never Made! No Charge, No Fee.
Wish The Oil Delivery Company A "good Day".
This Is How We Do Business In New York. I Know Because I Am In The Delivery Business In New York!!
Jeff-country Service Auto Transport, Inc.
O.p.a. Boat # 623
The Answer Is "no", You Are Not Bound By The Verbal Agreement! The Oil Company Delivers Oil Only After The Written Contract Is Signed.
This Is Their Normal Course Of Business.
The Only Thing The Oil Company Did Was To Make You An Offer! You Agreed To The Offer Subject To Reading The Contract. After Reading The Contract, You Changed Your Mind. Thats Perfectly Legal.
The Contract Was Never Executed!! Oil Has Not Been Delivered On The New Contract. Therefore An Agreement Was Never Made! No Charge, No Fee.
Wish The Oil Delivery Company A "good Day".
This Is How We Do Business In New York. I Know Because I Am In The Delivery Business In New York!!
Jeff-country Service Auto Transport, Inc.
O.p.a. Boat # 623
I guaranty you there wasn't a liquidated damages provision in the oral contract, and the $399 cancellation fee wasn't part of the initial bargain. If the Buyer cancels and they try to collect he could always argue that he never agreed to a liquidated damages provision, and that it is unenforceable to him, forcing the oil company to prove their damages in court (and it would cost more for them to fight this than to let it go). So, ultimately, there was a contract, it is enforceable (but not with specific performance - making the Buyer actually purchase the oil), but it would cost the oil company more to fight the case than it would recover in damages so the Buyer should be off of the hook, and in no way should be the Buyer be subject to the $399 cancellation fee.
Last edited by wjb21ndtown; 01-20-2012 at 08:51 AM.
#13
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That's what I thought too - the $399 cancellation fee would have had to be part of the contract to be enforceable. I bet there is a credit card on file that will be getting a $399 charge to it pretty soon though unless something is done to stop it.
#14
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I made a verbal (phone) agreement with an oil company regarding my automatic oil delivery and cost per gallon contract on 1/9/12. My current contract expires 1/31/12. I have since changed my mind and want to use another provider. I called them to cancel the agreement today 1/19/12 and they claim that the verbal agreement is binding and I will be charged a substantial fee $399. They sent me a paper copy of the agreement dated 1/10/12 and want it signed and returned. I did not sign/return it. Am I bound to this verbal agreement even though the "renewed" contract has not even started yet?
Thanks
Thanks
Would you be pissed and raising hell with them saying you had a contact?
Legal or not, you made a deal with these guys, stand by it and switch next year.
#16
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I'm not an attorney, but in general I think you are bound by the contract. Its my understanding that written agreement requirements only apply to contracts that are longer than one year.
#18
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A career in law enforcement does not make me an attorney, but I have spent enough time in court with them to tell you #1 You are legally bound, a verbal contract is just as solid as a written. Your word is your signature and your honor. #2 The company has lawyers on salary for crap like this so they will have no problem hauling you to small claims court, depending on total $ of suit. #3 You will have to pay an attorney out of your pocket and you still will loose.
My advice, revert back to a dying trait amongst men in this country. Own up to your word, admit to yourself you screwed up and that you have learned a valuable life lesson here. Plus why burn a bridge, what if in two years they are the cheapest company around, you really think they will do business with you. If more people would just be responsible and honorable this nation would not be in such poor status.
My advice, revert back to a dying trait amongst men in this country. Own up to your word, admit to yourself you screwed up and that you have learned a valuable life lesson here. Plus why burn a bridge, what if in two years they are the cheapest company around, you really think they will do business with you. If more people would just be responsible and honorable this nation would not be in such poor status.
#19
Do you also now have an verbal agreement with this 2nd company, thinking you'd just call and cancel the one with the 1st company?
That's be a pickle, 2 verbal agreements.
That's be a pickle, 2 verbal agreements.
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Some people are like Slinkies - Not really good for anything, but they
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Some people are like Slinkies - Not really good for anything, but they
bring a smile to your face when pushed down the stairs.
Last edited by US1 Fountain; 01-20-2012 at 06:24 PM.