Legal Question in Business Law in New York

Can an oral agreement between a California corporation selling a "business opportunity" and an individual in New York be enforceable as a legally binding contract?

Nothing at all was signed by the individual in New York.

The president of the California corporation insists this oral agreement is completely and totally legally binding regardless of not having a signed contract, and is still expecting to be paid $12000.

The NY individual gave a credit card number for a 20% down payment being told it would not be charged until the NY individual sent back a signed credit card authorization form.

The CA corporation immediately charged the credit card and does not want to refund the 20%, claiming they have an enforceable contract. They also want the 80% balance claiming the NY individual is in breach of contract.

How is a NY individual bound by CA law and what can be done?

Please help, this is an outrageous amount of money to be robbed of.


Asked on 12/18/14, 12:46 pm

2 Answers from Attorneys
Frank Natoli Natoli-Legal, LLC

So, suffice it to say, you don't need a Q&A platform you need to consult a real lawyer and discuss all the facts and circumstances involved. An oral agreement can be enforceable, but not for all things. The other party would have to show in some way that you assented to the agreement and with no writing a contract concerning a business opportunity would be difficult it to enforce in court and not look like a scam artist if you get my gist.

Please reach out to a few lawyers and talk it over before you do anything else. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 12/18/14, 1:07 pm
kevin connolly Kevin J. Connolly

Frank speaks sooth. Tell the credit card issuer to reverse the charges as unauthorized, and talk to a lawyer about suing those fraudmongers into oblivion. You can do good and do well at the same time. And mos likely they broke several federal laws as well as the NY General Business Law . Ka-chinggg!

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Answered on 12/18/14, 3:01 pm


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