Consumer Law, Warranties verbal agreement with email

[dirtymac]

One of my first clients and I entered into a verbal agreement for two projects (CD recordings). We agreed to a 30/70 split from the profit of the CD for life. We didn't sign anything, and now the client wants to leave my company and take the two CDs with him (he does own the copyright to the CDs). We've had a verbal agreement since the original release of the albums and we've been holding that agreement for 5 years in a row with no problems. I have the accounting records to prove it because all of the revenue from the CDs have gone through my company and I've paid the client his 70%. I have my name listed as Producer on both CDs and in addition to producing both CDs I also secured a lot of the publicity for the albums including national magazines and radio and I have proof of this. I also have the email below to help prove our original verbal agreement when I asked him to sign a written agreement a few months ago.

"Huh, I'm not going to spend my time on this, don't worry dude, I'm with you
for life, you have no worries, no one else is going to take all the hard
work you've done, you just keep taking care of me and I assure you you'll
never have to worry about me going somewhere else.

I'm not going to sign something without first bringing it to a lawyer and I
just don't have time for that now, if it's that important to you bring it up
again when things are less hectic."

So is our original verbal agreement binding in court? Thank you.

 

[dee_dub]

An oral agreement is as binding as a written agreement. The thing about oral agreements is how to prove them. Considering your accounting records showing the revenue split, and the email showing intent for the arrangement to continue indefinitely, I would imagine you have a pretty solid case. But you never know how a court will decide. A local attorney with full knowledge of the facts will be able to give you a better assessment.