View Full Version : Is verbal agreement enforceable
foreverromantic
Sep 9, 2015, 01:47 PM
A friend ordered windows for her home several months ago. She paid a $ 2,000.00 deposit but to date has not gotten the windows. Unfortunately, any papers they gave her did not state a proposed time when they would be delivered and installed.she has called the co. Many times and they just tell her "they are working on it".I am trying to help her. Should she try to get her money back and go to someone else ? Is a verbal agreement enforceable ?
Alty
Sep 9, 2015, 01:58 PM
From what you posted there was no verbal agreement. There was a written agreement, and on that written agreement there is no set time for when the windows will be delivered. Her written agreement, which I assume she signed and accepted, would void any verbal agreement she has with them.
What does the written agreement say about refunds?
Fr_Chuck
Sep 9, 2015, 08:33 PM
I will agree, there is a written agreement, it is the issue, any verbal agreement must be written in the written agreement.
Although there is no set time, it is also not unlimited. A reasonable and customary time within that industry would be expected. If windows are being custom made to a specific side. A 60 to 90 day production time would not be totally unheard of.
** I will assume this is a company that has been in business a long time, with lots of good references that were checked.
** many of the door to door sales people that sale windows, siding, roofing and things are often frauds, and they take money and take money for several months, and then close up, leaving local sales people hanging.
So they need to give a specific time they plan on doing the work. If not the contract should specify how to cancel