verbal agreement.

[lawbound]

Sometime in November 2003, my fiance and I hired a floor guy to intall wood floors in the dining room of our home. We did not draw a contract but agreed on what the price should be for materials and installation. The floor guy promised that it would be done long before thanksgiving, since we hired him on the 4th of Nov. Well that time came and went. All we ever got out of it were broken promises, e.g. I will be their first thing in the morning and he never shows. By christmas that same year I was completely fed up, since he has been paid in full. (My mistake) The last time I spoke with him I told him that I would have to persue this in small claims court--he told me to "go right ahead!" so I am in the process......court is in just a couple of days. Needless to say we installed the flooring our selves. Now I am looking for a refund of the materials and labor, since none of these agreements were met. On the check that we paid him with I noted that this was for materials and installation of wood flooring. Will any or all of this stand up in the court of law?

 

[Michael Wechsler]

Originally posted by lawbound
Sometime in November 2003, my fiance and I hired a floor guy to intall wood floors in the dining room of our home. We did not draw a contract but agreed on what the price should be for materials and installation. The floor guy promised that it would be done long before thanksgiving, since we hired him on the 4th of Nov. Well that time came and went. All we ever got out of it were broken promises, e.g. I will be their first thing in the morning and he never shows. By christmas that same year I was completely fed up, since he has been paid in full. (My mistake) The last time I spoke with him I told him that I would have to persue this in small claims court--he told me to "go right ahead!" so I am in the process......court is in just a couple of days. Needless to say we installed the flooring our selves. Now I am looking for a refund of the materials and labor, since none of these agreements were met. On the check that we paid him with I noted that this was for materials and installation of wood flooring. Will any or all of this stand up in the court of law?

All of your evidence is evidence and it's up to the judge to decide whose story to believe. Just because you didn't have a written contact doesn't mean that a verbal contract is invalid. As long as you have (1) an offer (that was made by you) and (2) an acceptance of the offer (the floor guy did) and (3) an exchange of 'consideration' or compensation of some sort was involved (which it was and why you are in small claims court.)

So what happens? Each of you will present your evidence and the court will decide whose version is true. Your documentation is supporting evidence. If this guy even shows, it seems he may have a difficult time with credibility, which is what the entire hearing will be about. My suggestion would be to bring as many pictures and bills as possible. The check is a key piece of evidence and shows that there was an agreement made of some sort which it will be difficult for this guy to deny...

Good luck and let us know how it turns out!!!