Legal Question in Business Law in Florida

I recently made a purchase from a company in Florida valued at 10,000. I am located in Ohio. I paid them in full and they sent me the equipment that I had purchased. Out of the blue, they send me a statement of outstand balance for $15,000. This means that they want to charge me $25,000 for equipment that we orally agreed upon for $10,000. They are threatening to take me to court, saying that I breached the contract, even though I didn't. What is your advice? Is there any Florida law that protects me from this as a consumer?


Asked on 12/05/09, 2:41 am

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

This will be a matter of evidence. It is the plaintiff's burden to prove its case. Oral agreements are enforceable - if anyone can prove it through some evidence. If you have exchanged emails, that would qualify as evidence.

I am of the opinion to say "so sue me." But, that's just my limited opinion based on limited facts. If you need some legal help, my office is located in St. Petersburg, FL, and I would be happy to give you a free consult. Just send me an email.

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Answered on 12/10/09, 6:13 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Was there a contract? Ask them to produce it. Oral agreements are fine for many things, but you should never spend $10,000 on something without ANYTHING in writing. You open yourself up to precisely this type of propblem. Their position is that the agreement was for $25,000 and that you still owe $15,000. Do you have any proof eo the contrary?

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Answered on 12/10/09, 6:40 am
Lesly Longa Longa Law P.A.

So, as far as you're concerned, the sale has been completed. Do you at least have a bill of sale, order form, proof of payment? As an attorney that often handles these kinds of things, I have to tell you that next time you should get the agreement in writing. It is difficult to enforce an oral agreement. Without written proof of your agreement, it is your word against his. If they file suit against you, I would recommend that you hire an experienced business attorney to help. Otherwise, I'm not sure there's anything you need to do. Regards,

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Answered on 12/10/09, 9:03 am


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