Is silence agreement?

[Fuzzymathlogic]

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

My partner and I are working on an investment fixer-upper house. I sent her an email with a breakdown of the repairs needed and that I'm going ahead with scheduling the contractors that week. About a week later my partner comes to the house and sees repairs underway. She says she never agreed to the repairs so the cost of the repairs must come out of my pocket instead of the shared account. I know she checks her emails several times a day and I took her non-reply as agreement. Would a judge deem her lack of reply as agreement since she had ample time to disagree, or am I now stuck with the entire bill?

 

[Ohiogal]

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

My partner and I are working on an investment fixer-upper house. I sent her an email with a breakdown of the repairs needed and that I'm going ahead with scheduling the contractors that week. About a week later my partner comes to the house and sees repairs underway. She says she never agreed to the repairs so the cost of the repairs must come out of my pocket instead of the shared account. I know she checks her emails several times a day and I took her non-reply as agreement. Would a judge deem her lack of reply as agreement since she had ample time to disagree, or am I now stuck with the entire bill?

Silence is NOT agreement. Did you tell your partner to respond to your email or you would take her silence as agreement? Do you know that she READ YOUR EMAIL? It could have ended up in her spam folder or something. So no, you are not going to get a judge to deem her lack of reply as agreement due to time passing.

 

[swalsh411]

It was very foolish of you to commit to spending this money without agreement from your partner.

 

[tranquility]

Actually, sometimes silence can be agreement. Maybe even here. But, it is of no matter.

My partner and I are working on an investment fixer-upper house.

Absent specific requirements in the partnership agreement preventing one partner from decision making, either "partner" can bind the partnership and manage its assets. I remember my agency and partnerships class many years ago and was astonished of the power one "partner" has over the other. Unlimited liability including assets not in the partnership. I would never get into a joint business without a very detailed agreement.

For Arizona, absent overriding requirements in the agreement, the law is at: http://www.azleg.state.az.us/arizonarevisedstatutes.asp?Title=29

For this situation, we might find:

29-1021. Partner agent of partnership

Subject to the effect of a statement of partnership authority under section 29-1023:

1. Each partner is an agent of the partnership for the purpose of its business. An act of a partner, including the execution of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership, unless the partner had no authority to act for the partnership in the particular matter and the person with whom the partner was dealing knew or had received a notification that the partner lacked authority.

2. An act of a partner that is not apparently for carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership only if the act was authorized by the other partners.

29-1031. Partner's rights and duties

A. Each partner is deemed to have an account that is both:

1. Credited with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, the partner contributes to the partnership and the partner's share of the partnership profits.

2. Charged with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, distributed by the partnership to the partner and the partner's share of the partnership losses.

B. Each partner is entitled to an equal share of the partnership profits and is chargeable with a share of the partnership losses in proportion to the partner's share of the profits.

C. A partnership shall reimburse a partner for payments made and indemnify a partner for liabilities incurred by the partner in the ordinary course of the business of the partnership or for the preservation of its business or property.

D. A partnership shall reimburse a partner for an advance to the partnership beyond the amount of capital the partner agreed to contribute.

E. A payment or advance that is made by a partner and that gives rise to a partnership obligation under subsection C or D of this section constitutes a loan to the partnership that accrues interest from the date of the payment or advance.

F. Each partner has equal rights in the management and conduct of the partnership business.

G. A partner may use or possess partnership property only on behalf of the partnership.

H. A partner is not entitled to remuneration for services performed for the partnership, except for reasonable compensation for services rendered in winding up the business of the partnership.

I. A person may become a partner only with the consent of all of the partners.

J. A difference arising as to a matter in the ordinary course of business of a partnership may be decided by a majority of the partners. An act outside the ordinary course of business of a partnership and an amendment to the partnership agreement may be undertaken only with the consent of all of the partners.

K. This section does not affect the obligations of a partnership to other persons under section 29-1021.