Legal Question in Business Law in California

Oral agreements for manager's fees.

14 yrs. ago, my landlady (and Long-time friend) asked my to manage the apartment bldg I was living, and that her family owned. She said that she couldn't pay the going rate, but would pay me a token fee, and if I stayed until they eventually sold the building, then she would use the proceeds of the sale to pay me the difference between the going rate and the token payment. Several times in the last 14 yrs, the agreement was re-stated. They have sold the bldg, and now she and her family partners don't remember the agreement.

I had known this family for years before maling this agreement, and never dreamed they would renege, so I never got anything on paper. What recourse do I have?

According to the Building Owner's and Managers Assoc., I should be getting approx. $42,000. I have offered to end this dispute for $10,000. They have yet to respond.

Thank you,

--name removed


Asked on 2/28/03, 4:16 pm

4 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Oral agreements for manager's fees.

from the facts given so far, you absolutely may be able to enforce this oral contract or at least get compensation for their unjust enrichment from the valuable management services you provided. email me more on the oral agreement as well as if you had any witnesses or other evidence to prove its existence and terms, and i may be able to further assist you.

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Answered on 2/28/03, 4:31 pm
Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Oral agreements for manager's fees.

You are entitled to compensation under any number of legal theories, including oral contract and quantum meruit (which, in English, means that you are entitled to be compensated for the reasonable value of your services, even in the absence of a formal contract).

We have handled similar disputes. Please feel free to call for a free consultation.

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Answered on 2/28/03, 4:41 pm
Frederick Choi Law Offices of Frederick H. Choi

Re: Oral agreements for manager's fees.

Under the circumstances, you do have the legal right to recover under a number of contract-like theories. Obviously, it would be much more preferable to negotiate a reasonable resolution, as lawsuits are never the best solution. If you are in the area, please contact our office for further consultation, another consideration is whether or not the sale of the building has already closed.

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Answered on 2/28/03, 4:55 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Oral agreements for manager's fees.

All the prior responses miss the main point, which is that you are entitled by law to receive minimum wage for your services, and the Labor Dept. people enforce the law and their regulations with sharp teeth. I will send you an additional response later with more details.... have to meet a client now.

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Answered on 2/28/03, 5:43 pm


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