Legal Question in Business Law in Arizona

Oral Agreements

An ex member of my LLC is sueing me over an alleged oral agreement. There was never such an agreement, how binding is his allegation in AZ? Also, he filed a suit against the LLC and myself personally. I thought by being an LLC, I personally was protected?


Asked on 2/26/04, 4:23 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Oral Agreements

Oral agreements are legally enforceable if they can be proved with courtroom-quality evidence. Often they cannot. The LLC should protect you unless he has alleged that you are attempting to shield your personal liability beyond that of the LLC, and the LLC is just a sham. Just because he sued you personally doesn't mean it was correct of him to do so. Don't you have a lawyer? You should.

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Answered on 2/26/04, 5:28 pm
Robert Lord Berens, Kozub & Lord PLC

Re: Oral Agreements

If he can prove the oral agreement, it generally will be binding, although there are some agreements, such as agreements to sell real estate, that must be in writing. If you were acting on behalf of the LLC when you entered the agreement, and he knew he was doing business with the LLC, you likely will be protected, although there are arguments he conceivably could make to have the LLC disregarded. I hoe this is helpful.

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Answered on 2/27/04, 1:23 am


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