Legal Question in Business Law in California
Verbal Promise to pay
my good friend was in negotiations with a large corporation and airport agency, to pay him to move his business. After 4 sites many meetings, negotiaations had stopped and agency threatened to use Emminent Domain. My friend informed me that the deal ''dead in the water'' He agreed to pay me $100,000 if I could make the deal for him. I made the deal. Now he does agree to the fact that he made the deal with me. He just will not pay, because his attorney says ''there is nothing in writing''. The Corporate attorny says it was ok to call them as a witness. Do I have a case?
6 Answers from Attorneys
Re: Verbal Promise to pay
You definately have a case and you might have a case you can recover upon. Although the corporate attorney is unlikely to have personal knowledge of the amount agreed upon, you can clearly show you performed the task and consumated the negotiations. Please contact me for a free consultation.
Re: Verbal Promise to pay
You may have a cause of action to recover under multiple contract theories. Specifically, Courts have held that when services are performed under an express oral agreement, the reasonable value of the services may be recovered. You may be able to recover the full amount if you can prove up the value, perhaps through the use of the corp. attorneys testimony. I would be happy to discuss the situation with you further, should you wish to pursue this.
-Bryan Becker
Sullivan, Hill, Lewin, Rez & Engel
Re: Verbal Promise to pay
Even though the promise was oral, it is still probably enforceable. The main question will be proof. Although there is nothing in writing, you can make your case through witnesses, letters, etc. In addition, even if there is no contract, you may have the right to collect some money in any event because you performed services and should be compensated for them. Feel free to contact me if you would like to discuss this further.
Re: Verbal Promise to pay
Verbal contractor are enforceable but they are sometimes difficult to prove. Nonetheless, the lack of a written agreement means nothing by itself. The only real issue is witness credibility: can you prove the terms of the deal and thatyou did the work? You might be able to convince a jury of these facts and recover the amount claims. Feel free to contact my office for a consultation if you desire further assistance.
Re: Verbal Promise to pay
While I agree with the previous four responses insofar as they go, your good friend may have a defense. In California, you need a real estate license to negotiate deals involving the terms of a business-premises lease and earn a commission or fee.
It's impossible to be sure from the limited facts given whether your role was one for which a professional license was needed, but if it was, and I think that's likely, a court would properly refuse to give you a judgment for any amount.
If you hire a lawyer to sue the friend, be sure to discuss this possible defense before you spend too much in fees or get your hopes up.
Re: Verbal Promise to pay
The problem with any verbal agreement is 'proof' of all the terms needed to enforce the agreement. Sure you have a case, whether you can win is determined by the facts and witnesses. Feel free to contact me to discuss your proof if interested in pursuing this correctly.
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