Legal Question in Business Law in California

Can I be sued for an "oral" agreement that I had with a potential buyer and decided to sell my good to someone who offered me more money? I am an indpendendant contractor and decided to sell my route. I had a few potential buyers but I choose a specific lady, who needed to apply to the company to see if her credit was good. If all was well I can sell her my route. Process took 5 months for her credit to be approved, meanwhile I needed the money asap and had another buyer offering me more money for my route. Since this new buyer already works for the compamy his credit did not need to be submitted. As soon as I said yes to the new buyer, the previous buyer was approved, now she wants to sue me. I havent sold the route, any advice?


Asked on 11/07/12, 4:39 pm

4 Answers from Attorneys
Jacob Kiani Law Office of Jacob I. Kiani

I routinely handle these types of matters and can provide you with a free 15 minute consultation.

Also, please check out my website at www.kianilaw.com

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Answered on 11/07/12, 4:43 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Oral agreements can be enforceable contracts. Some types of contracts have to be in writing, but most don't. And it's possible that your particular agreement did not qualify as a contract for any number of reasons.

You should discuss the details of your case with a lawyer right away. Feel free to contact me directly.

Good luck.

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Answered on 11/07/12, 5:04 pm
Terry A. Nelson Nelson & Lawless

Anybody can sue anybody for anything. Winning is a different question.

In this case, winning requires proof of all the terms, compliance with them, and proof of liability and breach. Doesn't sound like this plaintiff can win this case, but that can't stop her from trying. Hire an attorney to deal with her now, before it gets out of hand. Feel free to contact me if serious about doing so.

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Answered on 11/07/12, 5:34 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would be inclined to honor the earlier oral agreement unless the later offer is substantially better, in order to avoid the possible (or likely?) costs of defense.

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Answered on 11/08/12, 4:42 pm


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