Agreement to Agree?

[Dash23]

What is the name of your state (only U.S. law)? MA

About 4 months ago, I negotiated with and reached terms on an agreement with a company to represent me in finding advertising sales/sponsorships. We had agreed on a few deadlines to commence/sign the agreement, and with each deadline, the other party forgot about the deadline (I would remind them) and we moved it up a month. They were always slow in responding to my messages as well, at one point I waited a few weeks to hear back from them. They never had their act together. We are now supposed to sign on January 2nd. I never signed anything up until now, nor did we sign the agreement itself, it's all been just talk.

Recently, I received a better, unsolicited offer from a better company. Is there something barring me from cutting the original company loose and deciding not to sign with them and go with the new party?

In all likelihood they'll forget again anyways.

Thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? MA

About 4 months ago, I negotiated with and reached terms on an agreement with a company to represent me in finding advertising sales/sponsorships. We had agreed on a few deadlines to commence/sign the agreement, and with each deadline, the other party forgot about the deadline (I would remind them) and we moved it up a month. They were always slow in responding to my messages as well, at one point I waited a few weeks to hear back from them. They never had their act together. We are now supposed to sign on January 2nd. I never signed anything up until now, nor did we sign the agreement itself, it's all been just talk.

Recently, I received a better, unsolicited offer from a better company. Is there something barring me from cutting the original company loose and deciding not to sign with them and go with the new party?

In all likelihood they'll forget again anyways.

Thanks.

Based only on what you've posted, I don't see that you have any obligation to the first company. Of course, you will want to review everything that's gone back and forth with them.

 

[Dash23]

Based only on what you've posted, I don't see that you have any obligation to the first company. Of course, you will want to review everything that's gone back and forth with them.

Worst case (for me) is that we agreed (through email, again, never signed anything like a letter of intent, etc.) to sign an agreement and commence something on a certain date.

Best case (for me) is that they didn't have their act together, were slow in getting back to me, and I'm cutting them loose in favor of a better deal.

This new company answers my messages quickly, and brings more to the table.

It's really just a question of whether agreeing over email to sign an agreement on a certain date to start business dealings obligates me to actually sign, and whether that gives force to anything in the unsigned agreement.

 

[Zigner]

Worst case (for me) is that we agreed (through email, again, never signed anything like a letter of intent, etc.) to sign an agreement and commence something on a certain date.

Best case (for me) is that they didn't have their act together, were slow in getting back to me, and I'm cutting them loose in favor of a better deal.

This new company answers my messages quickly, and brings more to the table.

It's really just a question of whether agreeing over email to sign an agreement on a certain date and starting business dealings obligates me to actually sign.

Generally, no. I don't know how much money we're talking, but if it's a large amount, it might be worth it to buy half an hour of an attorney's time to review this.

 

[quincy]

What is the name of your state (only U.S. law)? MA

About 4 months ago, I negotiated with and reached terms on an agreement with a company to represent me in finding advertising sales/sponsorships. We had agreed on a few deadlines to commence/sign the agreement, and with each deadline, the other party forgot about the deadline (I would remind them) and we moved it up a month. They were always slow in responding to my messages as well, at one point I waited a few weeks to hear back from them. They never had their act together. We are now supposed to sign on January 2nd. I never signed anything up until now, nor did we sign the agreement itself, it's all been just talk.

Recently, I received a better, unsolicited offer from a better company. Is there something barring me from cutting the original company loose and deciding not to sign with them and go with the new party?

In all likelihood they'll forget again anyways. ...

Has the first company acted in any way to fulfill the terms of your oral/email agreement (e.g., actively sought out or found advertising sales/sponsorships for you)?

Signatures on a written contract that spells out the terms of the agreement will always be best and will make the agreement easier to enforce but the conduct of the parties can also be used to show that a legal and binding contract was formed.

I agree with Zigner that you could be smart to have an attorney in your area personally review the matter, prior to hiring another company.

 

[Dash23]

Has the first company acted in any way to fulfill the terms of your oral/email agreement (e.g., actively sought out or found advertising sales/sponsorships for you)?

Signatures on a written contract that spells out the terms of the agreement will always be best and will make the agreement easier to enforce but the conduct of the parties can also be used to show that a legal and binding contract was formed.

I agree with Zigner that you could be smart to have an attorney in your area personally review the matter, prior to hiring another company.

No they've done nothing. Before bothering an attorney with a matter so small they probably won't be interested, I'm thinking it might be best to just tell them up front that it's off.


Thanks for the advice/info!

 

[quincy]

No they've done nothing. Before bothering an attorney with a matter so small they probably won't be interested, I'm thinking it might be best to just tell them up front that it's off.

That is certainly one way to handle it.

Thanks for the advice/info!

You're welcome, Dash23.

I advise that you get a written and signed contract with this new company that spells out all terms and the obligations of the parties. It is better if the agreement is not evidenced only by a series of back-and-forth emails.

Good luck.