is verbal agreement binding in texas
Round Rock, TX
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Posted 18 days ago in Contracts / Agreements
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myself and a customer made a verbal agreement to remove and replace there roof shingles , there was a written contract for them after the verbal agreement . The agreement was soley between me and the home owners, not the roofing crew. When i was not present the home owner paid the roofing crew who was working for me a cheaper price for the job and is refusing to pay what me and the homer owners agreed to as they have not signed the written contract.
Answers (1)Arieh Mordechai Flemenbaum
This attorney is licensed in Florida and 1 other state.
Posted 17 days ago.
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While I am not licensed in Texas, your issues is one that is generally governed by legal principals that are similar in most states.
While a verbal agreement can be enforceable, you have a couple of issues that need to be addressed and may cause a problem for you. First, you run into the problem of proof, i.e., it will be your word against theirs. You certainly have a claim since the work was performed and your crew completed the roofing job. However, you need to provide some proof that your agreement for payment was at the higher price. Second, you may run into the issue of agency. The home owner may claim that they believed your roofing crew was authorized to "renegotiate" the price and/or accept a lower payment as full payment. The issue then becomes whether the home owner had a reasonable belief that your roofing crew was authorized party to renegotiate on your behalf. For these very reasons, many states require a written agreement for construction or remodeling work performed for residential property. This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. Please consult a local business/real estate lawyer to obtain legal advice that is tailored to your circumstances and facts. Good luck to you. |