Florida Verbal Contract?? Real Contract??

Quick legal question...
1. In Florida is a verbal contract binding?
2. If you ask someone for a contract and even have an email requesting it.
Does this void in thought that their is a Verbal Contract?
3. If the person finally sends a contract signed by him and I don't agree with
this contract can't I not be accountable for what agreements he has made
to others?

I have a person I was going to work for but he wouldn't send me a contract
when he finally did I did not agree to it. I had done some work on my own website
that he did not have access to. Now he is suing me or saying he is going to sue me
because he promised someone a website and I will not deliver it.

ps.. He has given me nothing, no money, no cash, no software, just called me on the phone while I did the work. However he promised time and again to send a contract after I recieved the contract is when I quit on him. He wanted the contract back is that something I should do?


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Nathan Stanford
ColdFusion Tips Plus Free e-ZINE
http://www.nsnd.com/cftips

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by nsnd:
Quick legal question...
1. In Florida is a verbal contract binding?
2. If you ask someone for a contract and even have an email requesting it.
Does this void in thought that their is a Verbal Contract?
3. If the person finally sends a contract signed by him and I don't agree with
this contract can't I not be accountable for what agreements he has made
to others?

I have a person I was going to work for but he wouldn't send me a contract
when he finally did I did not agree to it. I had done some work on my own website
that he did not have access to. Now he is suing me or saying he is going to sue me
because he promised someone a website and I will not deliver it.

ps.. He has given me nothing, no money, no cash, no software, just called me on the phone while I did the work. However he promised time and again to send a contract after I recieved the contract is when I quit on him. He wanted the contract back is that something I should do?


<HR></BLOCKQUOTE>

My response:

Yes, verbal contracts are recognized in Florida but, the problem with them, like anywhere else that recognizes them, is in the proof of their existence. They can be proved, for example, by the acts of the parties or by witnesses hearing the parties so entering. Like any contract though, you must have at least all three of these elements: An offer, an acceptance of the offer, and lawful consideration (something of value - like money) passing from one party to the other.

You may only, in fact, have a "mere recital" of each of your intent; that is, both of you were determining the proper terms and conditions of a contract, but hadn't agreed upon anything concrete.

With your e-mail as evidence (including its headers), it appears that you had every expectation to enter into a contract that was in writing, and had an expectation of payment. Without payment, there is no contract.

Check the specifics with an attorney, and bring your e-mail with you. Believe me, it's worth the $75.00 to have your attorney check it out. There may be other facts that need to be explored, beyond what you've stated here.

Thanks for writing.

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited March 22, 2000).]

I entered into a verbal agreement to do business with another woman. She agreed we would do it and promised a written agreement. I made one with all the info and told her to go over it and make any changes and we would sit down and do a final. She kept telling me she was getting it done...even called me several times for my info, full Name, address etc.

I was to do "outside sales" and run all operations of other "vendors" I got involved She was to receive all "vendor" money for space rentals while I would get free space rent and electric for fans and lights, a coffee pot and small appliances, free of charge for my services and my business offer.

She allowed me to put my sale items in her enclosed trailer, then two weeks later allowed me to move a shed on her "rented" property...she and her boyfriend were there when it was delivered and showed them where to put it. She then told me we wouldn't start the business until Sept...but I could set up and get ready.

She never did the agreement, but as you see much action and expense was done by me per the verbal agreement. My cost has been nearly $1,000.

Then she said she was selling the business and I would have to leave...then she talked with me and the "new owner" and it was decided I could stay and continue with her...then that was off and we were again going to start the venture in Sept...then she was selling again and I had to go...then stay, then she came in and packed everything up from her business. Now I have to relocate my shed and everything inside and dismantle all I had done and paid to have done there.

I need to file for damages in small claims court...can you help me with a site for forms and or proper format for this? I am a 63yo handicapped woman. I don't have money for an attorney...usually saying that I get nothing but I do hope someone here will help me out.

Thank you...shammed and scammed in Polk County, Lakeland, Florida.

PS...I also need access to my shed to pack everything up and then have it moved. She has locked gates and limits my access. I need an order for access and protection of my property until I can get it moved...what would I file to get this?

Is this a record? Or, are there renewed threads of longer?