Is this company reliable for verbal contract.

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Is this company reliable for verbal contract.

Oct.7, 2017 I ask to have a building and concrete work done. I gave them 1600.00
down the rest when completed. It is Jan.30,2018 and nothing has been done .
numerous calls and numerous excuses why they can not start. Now I want my money
back and they said they spent it on materials and that they will deliver
materials to my house or wait for him to get his money back, then he will return
deposit. what legal action can I take.

Asked on January 30, 2018 under Business Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue them: an oral (that is the better term than "verbal" for an unwritten contract) contract is enforceable. If they agreed to perform work and you gave them the initial deposit you were supposed to but they have not started the work, they breached or violated their agreement and you can sue them for breach of contract to get your money back. When suing them, sue also for fraud--for lying about what they can or would do. If the company/contractor was an LLC or corporation, you sue the LLC/corporation; otherwise, you sue the owner(s) personally. For the amount of money you describe, suing in small claims court, as your own attoney or "pro se," is  fast, cost-effective option.


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