Can a verbal contract trump a written contract

phillyjared · #1 Oct 24, 2007, 05:41 PM

I gave a deposit to a contractor to do a bathroom remodel with a 3-day grace period written into the contract to get my deposit back. The time lapsed as I waited for my appt to meet with the contractor at his showroom to pick my bathroom supplies out.

When we got to the showroom the contractor didnt show for 1.5 hrs, the showroom was a dump, he didnt have the measurements he took at our house, and couldnt give us any prices. He then offered to give us our money back if we simply sent a letter stating we wanted out of the contract - payable to us within 10 business days from receiving the letter. This was our verbal agreement. I asked him specifically about the contract wording and he said not to worry about it.

Needless to say we never saw the money back and the company owner says we dont have a leg to stand on in court. Is there anyway to prove in court (in this case Fairfax County, VA) there was a verbal agreement to refund our money? The salesman who promised us the money back never returned our calls and finally sent us an email saying he retired (while he actually took a job at another remodeler). Is there any possible way to win this?

Thanks!

charlotte234s · Oct 24, 2007, 06:52 PM

Basically he screwed you over. I'm not sure of any way you can get your money back, without proof of an agreement, although this is a pathetic way to make money. Some contractors nowadays can be such scum!

I would suggest talking with an attorney, as they might be able to think of a creative way to get your money back. I hope you get back at this guy, he sounds like a slimeball.

ChihuahuaMomma · Oct 24, 2007, 06:53 PM

Did this email contain any admittance that there was such a contract (from him)? That could help. Verbal contracts are the worst! People are just too dishonest nowadays.

ChihuahuaMomma · Oct 25, 2007, 04:53 PM

Quote:

Originally Posted by excon

Hello philly:

Maybe. But, you'll never know unless you sue him. Small claims court is quick, cheap and easy.

excon

Great advice.

ballengerb1 · Oct 25, 2007, 06:00 PM

File a complaint with the BBB and your city, others may have already done so and that knowledge could help your case. Sue him and have your attorney subpoena the retired salesman. Sue for treble damages if it is allowed in your state.



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