What is a business’s responsibilityregarding averbal commitment?

We had our mobile home moved to a new park. The company involved never provided us with a written quote but verbally stated that they would install new skirting. Now, the company is stating that we are to pay for the skirting ourselves which is not the understanding that we had. I received the quote today in which this is stated and I am not signing it as it conflicts with the verbal agreement. Do we have any rights to demand the skirting they agreed to?

Asked on November 10, 2011 under Business Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oral agreements (often called verbal agreement) are enforceable: if there was an agreement between you and the company that you would move to the park and they would install the skirting themselves, that agreement is enforceable--that's the law. As a practical matter, it can often be difficult to prove the existence of an oral agreement or its terms, if the other party to the agreement will testify that there was no agreement or that it said something other than what you claim it said. Since you could end up in litigation to enforce the agreement, which itself costs money, you need to factor in both that cost and the difficulty of proving an oral agreement in deciding whether to contest this charge or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.