Corporate Law can we do anything

[jbytheway]

Here is the problem, my husband has a business that he was supposed to be be buying from his father, no papers were ever signed! it was a verbal aggrement, that my husband would buy the business for a lump some and pay his father a set amount of 2,000 a month towards the purchase price. which was fine for two years, then a problem came about when farmers who rents the farm land paid my husband the rent of 450.00.Well that set his father off, my husband as agreeded to give back the 450.00 but now his dad will not accpet it. he now wants a whole new deal. and does not want to include all the money that has already been paid which is a total of 44,000. Do we have any rights here to sue his father ? what can we do??? can some one please advise????

 

[NYClex]

this is too complicated to be dealt with in a forum posting. You have several issues here, first of all if there was a valid oral contract and if you can prove that. Then a lot of additionaal issues will have to be addressed.

I suggest that if you really cannot figure out a way to agree with the dad that you consult an attorney and let him review all the details.

 

[jbytheway]

Yes we have a valid oral agreement, it has worked for over 2 years and my husband has the cancelled checks to prove it..My husband has assumed the responsibilities of the entire business right down to paying the taxes at his fathers request.we were just wondering if there is anyting we can go on to enforce the verbal agreement or sue to get our money back.we have performed as per the verbal agreement that was made. if there is any other addiltional information that you need to answer these questions please let me know.

 

[NYClex]

Probably you have a case. It mostly depends on the question if the contract is valid and enforceable. There might be some tricky issues an attorney has to evaluate, for example if the contract should have been in writing and if so, if it nevertheless is enforceable. May be there are other defenses available to the breaching party.

Very generally spoken: yes, even an oral contract can be valid. If so, and if a party breaches, the other party is entitled to damages. Even if the contract was not enforceable or there never was a valid contract, in most cases you would be entitled to "restitution", that means to get back what you gave without getting value in return. Let's assume party A wanted to buy a house from party B and paid $ 50,000. Because of some contract formation issues a court would find that there never was a contract at all. Party B cannot be forced to sell the house to A, but party B has to return the $ 50,000, that would be "restitution." If the court finds there was in fact a valid contract, it might be that party A is entitled to even more: not only their money but also damages. Or may be they can convince the court to order specific performance, that is, to order party B to sell the house.

What we cannot do here is evaluate your case. The forum cannot do this. You need to consult an attorney for that. An attorney might also help you mediate this. May be there is a way to find a solution that will not involve the courts. May be some of the other parties wishes are legitimate and there can be found a way to modify the contract so both parties are happy. I so, an attorney also could help putting it all in writing, which really should be done in a case like this.