Legal Question in Legal Ethics in California
verbal contracts/handshake
i had my harley davidson (was special construction) at a repudible bike shop. the price was agreed upon with a handshake, although i asked many times for a contract to be written.
when the bike was completed i was told it would be double our agreement. going from $4,000.00 to over $8,000.00. plus it was to be completed 4/2003 and they called me, for the first time, on 12/5/03 and said it was ready but they had to put some miles on it still. when the verbal agreement was made, 2/2003, present there were, myself , the owner, (who made the agreement), an employee, (who is no longer employed), and my good friend witnessing this agreement.
what will hold up in court? i already paid the 4,000.00 to him, and have not gotten my bike. i will be going there tomorrow but am not sure of what he thinks he can get away with. he is not fond of wemon bikers either.
1 Answer from Attorneys
Re: verbal contracts/handshake
absent a written agreement, breach of contract often is hard to prove. however, since you do have acess to a key witness to the agreement, as well as the fact your harley repairs went well beyond a reasonable timeframe to finish, you have a VERY good actionable case if the shop owner is not willing to comply with the terms you verbally agreed to months ago. if you would like a free phone consultation on this matter, email us directly today with your contact information. we should be able to help you get swift justice in this matter, even out of court.