Verbal Agreement for Refund

[buford116]

Hello from WV! Purchased a modular home from a manufacturer in PA through a 'builder' in WV. Home was delayed many weeks from original delivery date, some specifications were wrong with the home. Builder contacted manufacturer regarding getting money back due to the inconvenience of the delay and the mistakes in the home. After this conversation, builder came to me, with a handshake, an promised me he was getting back $2500 for our inconveniences, that the refund would be coming as soon as the manufacturer could push it through accounting. Weeks later, upon inquiring on the status of this refund, builder is 'getting' the run around from the manufacturer. I understand any issue I have would be with the builder, not the manufacturer, because I purchased the home from them. Consequently, the builder's issue would then be with the manufactuer. I'm wondering, before contacting my attorney, if verbal agreements are contractually binding in WV for $2500? Thanks!!

 

[divgradcurl]

I'm wondering, before contacting my attorney, if verbal agreements are contractually binding in WV for $2500?

Sure, they are valid -- the trouble is proving the existance of the contract. If the builder is willing to testify in court that he agreed to pay you that $2500, then there is not problem -- but if he doesn't own up to it, how do you prove that the contract existed? If it's your word against his, and you have the burden to prove the existance of the contract, how can you swing the court over to your side?

That's the problem with verbal contracts. Verbal contracts are generally enforceable -- its just that it is usually hard to prove that they exist when things go wrong...