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

Answers:

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.


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