Are verbal agreements enforceable in state of Ohio
I got into a contract to buy two english bulldogs on payments, at the end of the payoff I am to get AKC papers. I had one of the dogs get parvo and the breaks blow on on our truck, I couldnt make as large payments as they wanted. HOWEVER, Amanda agreed over the phone to take smaller payments and to extend the contract on the first dog with out late fees being applied. Now that I have paid it all off over 4 weeks ago, she now refuses to send me the papers saying I owe a late of 495 dollars even though, the original late fee before the vernal extension, would be 10 dollars a day till caught up, and it was 29 days late at 10 a day; 290. Now that I am calling her complaining she inst sending the papers, she keeps saying all of them were late, even though, my bank shows them paid on time or before time. So is her verbal agreement to extend the contract for the first dog a legal binding agreement? What can I do since she is not sending me the papers?
Also she set up for us to pay on Mondays through Paypal, that she already had an account set up. Two weeks into it, she was complaining we didnt pay on Monday through the MAIL since she didnt set up the paypal account. Does that already make her side of the contract compromised? Since she didnt set up the accepting account like she was suppose to?!
If the contract originally was for more than $500 then it had to be in writing. It sounds like your's was. A modification of it can, however, be oral, but it may be hard to prove. Attorney Greg Reichenbach is in your area and he knows Consumer Law quite well. I'd suggest you contact him. But do it soon. For every legal right you have there is only a limited amount of time for you to file a claim or your rights will expire (it's called the statute of limitations). Here is Greg's web site address: http://www.reichenbachlaw.com/
Marvin Cable
Business Attorney in Northampton, MAhttp://www.bakerlaw.com/handshakes-are-not-necessarily-handshakes-in-ohio-oral-contracts-are-not-worth-the-paper-they-are-written-on-05-13-2009/
Ronald Lee Burdge
Lemon Law Attorney in Dayton, OHAs a result of a continuing conservative approach to legal concepts, In the last two years Ohio courts have, indeed, taken a "put it in writing" approach to contracts and enforcement of agreements that are otherwise subject to the statute of frauds in Ohio, which would be any contract over a minimal dollar amount or which are expected to be completed beyond one year. There are exceptions, of course, but oral agreements and modifications of contracts are getting harder to prove and enforce in Ohio.
Marvin Cable
Business Attorney in Northampton, MAwith due respect, I'm unclear as to what you are saying and how you came to that conclusion. it seems oral agreements are getting easier to prove in ohio. but, it seems your saying the opposite.
Ronald Lee Burdge
Lemon Law Attorney in Dayton, OHThe last two years have seen several cases from the Ohio Supreme Court and Ohio's appellate courts that have more often than not found a way to bar oral testimony to create, modify or contradict a written contract and to require a writing to make a contract enforceable. I can only speak from my years of experience in contract law and consumer fraud cases all over Ohio and the repeated rebuffs from trial and appellate courts when attempting to enforce orgal agreements or modifications of written agreements. It was much easier, frankly, just ten years ago, to say nothing for 25-30 years ago.
Marvin Cable
Business Attorney in Northampton, MAInteresting. And, thank you.