Did I Verbally Commit?

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lostlad

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Between November 2003 & January 2004 I made numerous calls (all unanswered) to a vendor requesting a quotation on window replacements. (This was the only vendor revommended by my condo association or I would not have kept trying).

Towards the end of January they finally came to inspect the windows. I was not present. A few days later *I* called them and asked if they were ready with a quote. The owner mentioned a price that I said sounded reasonable but I needed to see a quotation with details and how long it would take to complete the job. I provided a fax number but he never sent me a quote.

March 1st I called and asked what was happening with the windows. The owner told me he had ordered the glass but it had been too cold to install. (It was in the high 50s F the week before.) When I asked just how warm it had to be to replace a pane of glass he told me they were just too busy for my job.

I told the owner that I absolutely had to have the windows installed before March 15. He said they would call me back and get the windows in before that deadline. As before...I received no calls until March 25, 10 days after I was promised an installation.

I told the owner that since I never heard from him, I was no longer interested and had someone else do the job. He said I committed to buying the windows even though I had not received a quote or signed a contract. Basically he said he'd see me in court since he has to sue people all the time (no wonder).

Can anyone tell me if I really did make a verbal commitment under the laws of Alexandria Virginia? Even though I stated that before going forward I needed a written quote? And if so, did I have any right to refuse the work since the deadlines the vendor provided were not met?

Honestly, I am much usually much better in business. Since this was the only recommended vendor by my very strict condo association I assumed he was vetted. Lack of returned calls, lack of a quote, lack of a contract and being told they did not have time for me lead me to believe they dropped me as a potential client. Whereas the other vendor I chose wrote me a quotation, had me sign a contract and leave a deposit.

Any guidance will be appreciated. Thank you!
 
If you didn't sign a contract then I'd say the chances of you seeing him in court are very small. In order for there to be a contract there has to be a meeting of the minds with regard to the specific details. It sounds as though there was an informal agreement as to certain terms but not other essential terms and this would not make for an agreement. I would think the vendor is puffing hoping he can scare you into paying for a job. He has very little to use to prove that an eforceable agreement existed, especially if the amount in question is greater than $500, which would fall under the statute of frauds which requires a writing containing the essential terms.

Originally posted by lostlad
Between November 2003 & January 2004 I made numerous calls (all unanswered) to a vendor requesting a quotation on window replacements. (This was the only vendor revommended by my condo association or I would not have kept trying).

Towards the end of January they finally came to inspect the windows. I was not present. A few days later *I* called them and asked if they were ready with a quote. The owner mentioned a price that I said sounded reasonable but I needed to see a quotation with details and how long it would take to complete the job. I provided a fax number but he never sent me a quote.

March 1st I called and asked what was happening with the windows. The owner told me he had ordered the glass but it had been too cold to install. (It was in the high 50s F the week before.) When I asked just how warm it had to be to replace a pane of glass he told me they were just too busy for my job.

I told the owner that I absolutely had to have the windows installed before March 15. He said they would call me back and get the windows in before that deadline. As before...I received no calls until March 25, 10 days after I was promised an installation.

I told the owner that since I never heard from him, I was no longer interested and had someone else do the job. He said I committed to buying the windows even though I had not received a quote or signed a contract. Basically he said he'd see me in court since he has to sue people all the time (no wonder).

Can anyone tell me if I really did make a verbal commitment under the laws of Alexandria Virginia? Even though I stated that before going forward I needed a written quote? And if so, did I have any right to refuse the work since the deadlines the vendor provided were not met?

Honestly, I am much usually much better in business. Since this was the only recommended vendor by my very strict condo association I assumed he was vetted. Lack of returned calls, lack of a quote, lack of a contract and being told they did not have time for me lead me to believe they dropped me as a potential client. Whereas the other vendor I chose wrote me a quotation, had me sign a contract and leave a deposit.

Any guidance will be appreciated. Thank you!
 
Just because of my current state, am I replying.. lol

Freebird hit it on the head. Tell him you'll def. see him in court, as I'm sure you won't. A verbal agreement can be used in court, but if things happened the way you state, I'm sure this doesn't fulfill the ..... qualifications? for a verbal contract.

Def. does sound as if he's pressured others into purchasing services from his business in the past, with these tactics, and I'd just stand my ground. U did nothing wrong if details are as you posted.

Good Luck, and plz let us know the results, if any, of this post!
 
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