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breach oral / verbal agreements/ contracts HEELLLPPP

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badgirltee64

Junior Member
What is the name of your state (only U.S. law)? ca, stantislaus county.... i need help.,. i did work for a friends mom, she wanted a gazebo removed . it was dirty hard work.. in 100 degrees. my son and his friend helped me, well just as we were getting done we sat down and she handed me 100 dollars for my son and said to me that and the spa should make us even... well i was kinda speechless, but i agreed... now the spa was in horrid shape i spent 3 days in the sun cleaning and repairing and replacing parts to get it sellable... after a year of waiting i finally have a buyer and she is not giving me the spa... seriously never saw that coming.. anyway im in further debt because of this and frustrated to the breaking point.. i did a gr8 job for her and i get nothing.. i have 5 witnesses .... what can i do please somebody help me i dont deserve this
 


latigo

Senior Member
What is the name of your state (only U.S. law)? ca, stantislaus county.... i need help.,. i did work for a friends mom, she wanted a gazebo removed . it was dirty hard work.. in 100 degrees. my son and his friend helped me, well just as we were getting done we sat down and she handed me 100 dollars for my son and said to me that and the spa should make us even... well i was kinda speechless, but i agreed... now the spa was in horrid shape i spent 3 days in the sun cleaning and repairing and replacing parts to get it sellable... after a year of waiting i finally have a buyer and she is not giving me the spa... seriously never saw that coming.. anyway im in further debt because of this and frustrated to the breaking point.. i did a gr8 job for her and i get nothing.. i have 5 witnesses .... what can i do please somebody help me i dont deserve this
What do you mean “I get nothing”?

You got the spa and the hundred bucks. Which she clearly offered as your total compensation and which you clearly accepted.

Reluctantly or not you took her offer! So end of story.

You present financial straits have no more bearing on the subject than mine.
 

justalayman

Senior Member
What do you mean “I get nothing”?

You got the spa and the hundred bucks. Which she clearly offered as your total compensation and which you clearly accepted.

Reluctantly or not you took her offer! So end of story.

You present financial straits have no more bearing on the subject than mine.
no, he didn't get the spa, at least how I read it.

my take:

OP left the spa at the woman's house but returned to repair it. Once OP fixed it up, he found a buyer but now the homeowner will not relinquish the spa to him or the buyer.
 

ecmst12

Senior Member
A year later, OP wanted the spa, and the owner no longer wishes to give it to him. A year of reasonable storage charges would wipe out anything OP might be owed for the work he did. Next time, get the contract in writing and accept cash only.
 

justalayman

Senior Member
You can't unilaterally impose storage fees without some notice, or at least an attempt to give notice.

I would suggest it all depends on any communications between the OP and the home owner. If the OP abandoned it for a considerable time, California requires some actions be taken prior to disposal of the property. If the homeowner did not take the appropriate actions, it still belongs to the OP.

Since homeowner hasn't sold the hot tub under the abandoned property rules, it belongs to the OP.
 
Get your prospective spa buyer to put their offer in writing then sue the woman you did in small claims court for the money she cost you by failing to turn over the spa to your potential buyer. Bring all of your witnesses and good luck.
 

latigo

Senior Member
no, he didn't get the spa, . . . OP left the spa at the woman's house but returned to repair it. Once OP fixed it up, he found a buyer but now the homeowner will not relinquish the spa to him or the buyer.
Mmmmm? I'm sure there is a perfectly good explanation for the oversight. It's just a little tardy in surfacing.
 

justalayman

Senior Member
Mmmmm? I'm sure there is a perfectly good explanation for the oversight. It's just a little tardy in surfacing.
well, like I said, that is my belief of the situation and everybody knows I do think a bit differently than most. Not sure I'm right but it is about the only thing that makes it make any sense.
 

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