Legal Question in Civil Litigation in California
Changing a Verbal Contract Before it is Executed
Background: My house is in a planned development with ''zero lot lines.'' I want to paint my house but my neighbor has a lattice structure that blocks access to the my wall on our shared boundary. This lattice may need to be partially dismantled in order for the painter to gain access to my wall. Since the lattice may incur some damage to its paint upon its removal, the neighbor (a lawyer) is trying to pressure me into having this lattice painted at my expense. And though our property manager told me that I am under no obligation to paint it, as a courtesy to my neighbor, I have verbally offered to paint his lattice at my expense up to $100. Having made that offer, I am now considering ammending it with the following: that as a condition of my offer, my neighbor must indemnify me of any damage that may occur to the lattice from the painters efforts. (I plan to put this in writing.)
Here is my question: If my neighbor does not agree to indemnify me in the manner I am requesting, am I under any obligation to proceed with the painting of his lattice? In other words, do I have the right to change the conditions of my offer *before* the work begins?
Thank You
2 Answers from Attorneys
Re: Changing a Verbal Contract Before it is Executed
Thank you for your inquiry and posting.
A verbal contract is still a contract, and although it can be amended by additional terms, IF agreed by both sides, it would stand once accepted.
I agree that you are under no obligation to do anything to the lattice, which you did not put up and are not responsible for. Unless you directed exactly what they were to do with the lattice, the painters, if anyone, would be liable to be sued.
However, once you've agreed to certain terms, only if the additional terms are also agreed to are they part of the contract.
I hope this helps, but if you need any more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.
Re: Changing a Verbal Contract Before it is Executed
Generally, you can revoke an offer prior to it being accepted, so long as it is revoked in the same manner (ie: verbally here or in writing if written).
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