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Gina C · Jun 6, 2006, 06:16 PM

I am going to make it short and sweet. We went to settlement on the our purchase of a home and, because I thought I knew the person we bought our home from I did not take a written agreement. BIG NO NO on my behalf realizing that now...

The agreement was for the seller to come back and repair the counter top that is cracked and, not affixed to the counter it is just sitting on the counter top. Because,I did the big bo boo of no written agreement. Will a message left on my ansering machine by him hold up in small claims as proof? The meassge left states. Hi, Gina I am just calling to see when I can come with my contractor to fix the counter top. Please help!!
Thanks a lot... :rolleyes:

Gina

Fr_Chuck · Jun 6, 2006, 07:56 PM

Maybe, verbal agreements are often all small claims court has to go on.
And often just the fact that they are sued makes them settle.

I would go for it, what do you have to loose except for the filing fee

I would try it even without the tape on just my word

CaptainForest · Jun 6, 2006, 11:06 PM

And once you trap him, bring out the tape!!

Someone did that on People's Court once

excon · Jun 7, 2006, 07:38 AM

Hello Gina:

I think you absolutely CAN use the evidence you have. And, I think you'll kick his butt.

excon

SusanTis1 · Jun 8, 2013, 09:54 PM

Yes as this shows his intent to repair the issue... Also I'm not sure what state you live in... but in most US states there is no such thing as a real contract which is NOT IN WRITING. Real estate contracts must be in writing to be enforceable and valid. So you might check but you may not even have a contract for the purchase of your home since it was done verbally.

AK lawyer · Jun 9, 2013, 03:02 AM

Originally Posted by SusanTis1

Yes as this shows his intent to repair the issue...Also I'm not sure what state you live in ...but in most US states there is no such thing as a real contract which is NOT IN WRITING. Real estate contracts must be in writing to be enforceable and valid. So you might check but you may not even have a contract for the purchase of your home since it was done verbally.

The real estate sale contract closed. That's a done deal.

What you are talking about is a "statute of frauds". You are in correct, in many states there is a statue of frauds, but typically part performance of the contract would be an exception.