In California, does a verbal service contract , amount between $500 and $1000, require any sort of written document.

Asked almost 2 years ago - Forest Ranch, CA

A telephone solicitation and agreement is for a monthly service covering 1 year. There are installation charges, some hardware charges, and also additional hardware/removal charges as well as some form of service performance criteria. The telephone solicitation is allegedly recorded. How does either party prove their understanding of the agreement terms, if not with a written document.

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

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    Answered . Please see the DCA article linked below section VI.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    6

    Lawyers agree

    Answered . Most likely. You don't indicate the type of service being provided, but most likely, the Home Solicitation Sales Act applies to your situation, as Attorney Koslyn suggests.

    If not, then the ordinary methods of proving an oral contract apply. It would be the plaintiff's burden to prove the terms of the contract (offer, acceptance and consideration) as well as the customer's breach and resulting damages. The plaintiff can prove his/her/its case with oral testimony as well as with documentary evidence.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Robert Harlan Stempler

    Contributor Level 19

    3

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    Answered . The posting does not specify what the services are or the amount of money involved. Some services are required by California law to be specified in a written contract. Telephone solicitations do have limits and there are rights of rescission.

    A contract for services that is not to be completed within one year must also have a written contract to be enforced. See Cal. Civil Code, Section 1624, subdivision (a)(1). I would probably not advise a client to agree to a contract without it being in writing for this long of a term, as so much can happen and people forget or change their mind over a year. I agree with the concern that you express in your last sentence.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com
    www.facebook.com/SoCalConsumerLawyer
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more

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