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.
I think that's a good point since the lawyers were asking the questions but i'm sure that in both of our minds we were talking to each other. Is this a meeting of the minds?
I don't get it. "There is no agreement because one party changed their mind." That would mean there is never a binding agreement because either party can change their mind.
One person says,"50-50 is what i want," and the other person says 50-50 is what i want too" sounds like complete agreement to me. There wasn't any remembering differently because it is on the recorder. I'm not trying to be difficult written and verbal agreements are just words, as you say.
"People are allowed to change their minds before signing." This can be said about any verbal agreement. Doesn't what you say invalidate any verbal agreement?
Well, i was deposed and at the end of mine i was asked what i wanted for the property agreement and i said 50-50 split. Then in the same session my wife was deposed and asked the same question at the end of hers and said she wanted the 50-50 split as well. It was all recorded by a voice recorder.
Thanks for your reply. This "agreement" was none of those mentioned in the statute of frauds. It was in a deposition recorded by tape recorder. The agreement was about final property division, specifically a 50-50 division after 26 years of marriage.
What is the purpose of the signature in an agreement?
Is it to identify who made the agreement and to verify that the agreement was made?
Doesn't the recording of the verbal agreement do that?
I'm obviously not an attorney but again, just for the sake of argument, the verbal agreement in the recording of the deposition could easily be written up, but not necessarily signed. Could the voice print of the recording serve as a signature?
Just for the sake of argument - the venue of "2 people sitting in public toilet stalls" is not for negotiating agreements either but wouldn't such a recorded agreement be valid and binding?
This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
By continuing to use this site, you are consenting to our use of cookies.