raytart

iTrader: (1)

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

quicklt1

yup

A.O. Razor

I don't know much about law, but in most countries, including the US, the word is as binding as a writen contract. You are buying the oil.

pstorti

iTrader: (2)

You have 11 days left on the contract you can't wait

I disagree that you are legally obligated since you haven't signed anything. If its a lot of money talk to an attorney.

Lee

iTrader: (4)

An old saying is "A verbal contract isn’t worth the paper it’s written on". Verbal contracts are a convenient and commonly used form of agreement between two parties. However, the main problem with a verbal contract is that if any problems should arise and there were no witnesses to the agreement, the case is reduced to one party's word against the others. Even if verbal contract law is followed, a verbal contract is often easily contested.

A.O. Razor

Yes. But in this case you have the protagonist (OP) writing what he has verbaly agreed to. By hes own testemony, it is clear what kind of verbal agreement both parties agreed upon. This might "just" be OSO, but what is written here, makes it very clear, that the buyer simply chose to make another decision after the initial purchase. In the case of this change, the seller is imo to be compensated for the loss. Ie, time spend, shipping ect. The buyer was avare of the price and it is up the buyer to seek what he or her finds to be the best deal before buying. You find a better price after the purchase, well, appeal to the seller of the product for a lower price, but you can't force it.

GTOFFSHORE

You have the right to rescind for 3 days. Unless the state voids fuel companies from this rule. Insurance co, car dealers and cell phone co are usually the only ones exempt since you are taking the product right away and they are in effect. You contract hasn't started so they havent covered you yet or made a delivery

stevesxm

sometimes fundemental honesty and intergrity are worth more than the contract. you made the deal. they acted in good faith and honestly. do the same. either honor the deal or buy your way out of it.

jjake0623

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

quicklt1

It was recorded thats what they did with me (general fuel) ..but if oil prices keep going up I cant see how they wouldnt let you out better for them, if they go down they will want money..