• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

verbal agreement?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

spangle18

Guest
Georgia-
When my roomate moved out, he decided that he would not need his washer and dryer. He asked me if I wished to purchase it and we made a verbal agreement that I would pay $100.00 for it. He stated that he would come back the following week and collect the money. As the weeks passed he never contacted me and as he had no phone, I did not know how to get in touch with him. Two months later he called and left a message stating that he wanted his money by Friday or that he was "coming into the apartment" to get his washer and dryer back. Being a female who is aquainted with this man's violent mood swings, I feared that he had made a copy of the key before he moved out. As a result, I immediately had the locks changed. He called the next day and I explained that I would be happy to give him $50.00 for the washer and dryer due to the fact that he had put me into a position where I had to spend $50.00 due to his threatening message. He replied that he wanted the money....or else. So, I informed him that on the answering mechine that he had modified our original agreement when he said "give me my money or I am coming into the apartment to get my washer and dryer". Due to this, I explained that he had formed a new verbal agreement with two options and that I was choosing to give him back the washer and dryer. He refused and stated that he wanted only the money. He sued me the following day in small claims court for the $100.00 plus fees. I have never been in a position like this and am wondering....do I have a case to fight back upon? I have the tape with the two options and am completely willing to give him the w/d back. If I lose I will be out a total of $200.00 (original agreement, fees, locks). I also have the receipt for the locks and a witness to why they were put on.
Any help would be much appreciated. Thanks.
 


I AM ALWAYS LIABLE

Senior Member
spangle18 said:
Georgia-
When my roomate moved out, he decided that he would not need his washer and dryer. He asked me if I wished to purchase it and we made a verbal agreement that I would pay $100.00 for it. He stated that he would come back the following week and collect the money. As the weeks passed he never contacted me and as he had no phone, I did not know how to get in touch with him. Two months later he called and left a message stating that he wanted his money by Friday or that he was "coming into the apartment" to get his washer and dryer back. Being a female who is aquainted with this man's violent mood swings, I feared that he had made a copy of the key before he moved out. As a result, I immediately had the locks changed. He called the next day and I explained that I would be happy to give him $50.00 for the washer and dryer due to the fact that he had put me into a position where I had to spend $50.00 due to his threatening message. He replied that he wanted the money....or else. So, I informed him that on the answering mechine that he had modified our original agreement when he said "give me my money or I am coming into the apartment to get my washer and dryer". Due to this, I explained that he had formed a new verbal agreement with two options and that I was choosing to give him back the washer and dryer. He refused and stated that he wanted only the money. He sued me the following day in small claims court for the $100.00 plus fees. I have never been in a position like this and am wondering....do I have a case to fight back upon? I have the tape with the two options and am completely willing to give him the w/d back. If I lose I will be out a total of $200.00 (original agreement, fees, locks). I also have the receipt for the locks and a witness to why they were put on.
Any help would be much appreciated. Thanks.
My response:

Sorry. Bad news.

His statement was not a change in the terms of the contract itself. It may have been a criminal act, but it had nothing to do with the terms of the agreement. As a matter of fact, YOU were the one that changed the terms, which amounted to a "counter-offer" or a breach of the original agreement you made; i.e., to pay him $100.00.

All because he made a threat, doesn't mean he must pay for your "security". Your security is your responsibility, and your choice. Would he have to pay for Armed Guards, or the gun you purchased, if that was your choice of securing your own safety ? The answer, of course, is no.

You had a responsibility to yourself to do something, e.g.,

1. Change the locks (which you did);

2. Report his threat to the police; or,

3. Go to court to obtain a Restraining Order or an Order of Protection.

Would you be any less afraid of him if you had to place a 50 dollar bill in his hand, rather than a 100 dollar bill? Also, of course not. Your fear is, I'm sure, very real. But, you see, it has nothing to do with the contract terms you agreed to.

Sorry, the tape recording does not go to the issue of the contract itself, and will not have any bearing on the issues. He will more than probably win his lawsuit.

Good luck to you.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top