deposition

[keepitmoving]

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.

 

[quincy]

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.

There was no agreement - because one party changed her mind about the 50/50 split after consultation with her attorney (or brother).

 

[stealth2]

Also, 50/50 is often not as simple as all that...

 

[keepitmoving]

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.

 

[quincy]

Here is an example:

I tell someone I want a dog. My wife tells someone she wants a dog. We have not agreed to get a dog.

In discussing together getting a dog, we cannot agree on who will walk the dog or who will train the dog. I say my wife and she says me. My wife then decides she doesn't want a dog after all.

No agreement was formed so no agreement was breached.

If you want a 50/50 split of whatever, I suggest you (with help from your attorney) make this 50/50 agreement an attractive one for the other party - perhaps by agreeing to a 40/60 split on something else.

In other words, negotiate. And when you come to terms that are satisfactory to both, get the agreement in writing and signed.

 

[Just Blue]

Here is an example:

I tell someone I want a dog. My wife tells someone she wants a dog. We have not agreed to get a dog.

In discussing together getting a dog, we cannot agree on who will walk the dog or who will train the dog. I say my wife and she says me. My wife then decides she doesn't want a dog after all.

No agreement was formed so no agreement was breached.

If you want a 50/50 split of whatever, I suggest you (with help from your attorney) make this 50/50 agreement an attractive one for the other party - perhaps by agreeing to a 40/60 split on something else.

In other words, negotiate. And when you come to terms that are satisfactory to both, get the agreement in writing and signed.

Excellent analogy.

 

[keepitmoving]

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?

 

[quincy]

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?

No. It was not a meeting of the minds. The two parties did not come to an agreement on the split because, after more thought was given to the 50/50, one party decided the 50/50 split was unacceptable - for whatever reason.

 

[keepitmoving]

There can always be more thought after an agreement. That doesn't mean valid agreements can be overturned by more thought.

 

[quincy]

There can always be more thought after an agreement. That doesn't mean valid agreements can be overturned by more thought.

Start negotiating. Come to an agreement. Get the agreement in writing. Have both parties sign and date the agreement.

Now you should have a legal and binding contract (barring any other problem with the way the contract is drafted).

Good luck.

 

[keepitmoving]

OK. Thanks quincy.

 

[quincy]

OK. Thanks quincy.

You're welcome, keepitmoving. I appreciate the thanks.

Good luck with the negotiations.