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  #11  
Old 11-01-2001, 12:46 AM
bobbygedd bobbygedd is offline
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Location: NJ
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wait a minute, my attorney happens to be a personal friend, and a very good lawyer. HE DID NOT ADVISE ME TO USE VERBAL CONTRACTS! I called to ask what i could do about this guy who was ducking me for 2 grass cuts, and i told him this one was not a written contract , he said that a verbal contract is a binding contract, and the guy still has to pay. so, anyway, if your thoery is correct, im takin my whole family out to red lobster friday night, and if they dont make me sign first, im not paying. shouldnt have a problem, right? thats what your telling me, right? it just seems such a pain in the ass, i have some customers that are such a quick mow wack and blow, and i have to write up a 2 page contract and cover every little scheme someone may try to bone me? theft is theft, and i think my examples are valid. i do use written contracts for full service customers, and landscape work, ill have to start using them for every little job i do.
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  #12  
Old 11-01-2001, 11:03 AM
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Stonehenge Stonehenge is offline
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Location: Midwest
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Your attorney is right - IT IS a valid contract. It's just impossible to prove in court (unless the other guy is a nob and admits to having a verbal contract with you, under the terms you stated).

As for the dine-and-dash thing, go ahead. I'm sure they won't sue (they probably know when to cut their losses), but you can be sure you'll never be served there again. And how proud you're family will be of you.

Sure, it's no fun having to have everyone sign a contract, but it's even less fun not getting paid.
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  #13  
Old 11-02-2001, 09:58 AM
KerryB KerryB is offline
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Join Date: Aug 2001
Location: North Carolina transition zone 7&8
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In the state of North Carolina a verbal contract is just as binding as a written one. However, here is the rub, when you go to court its your word against his. Lets say he is a personal friend of the magistrate who is presiding over small claims court. Guess who wins.
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  #14  
Old 11-04-2001, 10:05 PM
landscaper3 landscaper3 is offline
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Location: Southern, Maine
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No contract!!!!!!!!!!!!!!!
No business!!!!!!!!!!!!!!
You are only opening yourself up to TROUBLE with no contract!
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  #15  
Old 11-07-2001, 03:04 PM
Dochere Dochere is offline
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Location: Woodstock, IL
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Quote:
Originally posted by landscaper3
No contract!!!!!!!!!!!!!!!
No business!!!!!!!!!!!!!!
You are only opening yourself up to TROUBLE with no contract!

The above is our policy, and we will stick to it. 30 years ago a handshake got allot done, now a handshake is more of a customers promise to screw you over more than anything.
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  #16  
Old 11-13-2001, 04:43 PM
groundsguy1970 groundsguy1970 is offline
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Join Date: Nov 2001
Location: Wa. State
Posts: 166
Why are you guys so uptight over CONTRACTS?
In most states you really need a PURCHASE ORDER to get payment in court, if you aren't familiar with your local regulations you better do some homework. It's better not to get the short end of the stick!
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  #17  
Old 11-13-2001, 06:19 PM
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Stonehenge Stonehenge is offline
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groundsguy - which states are the ones whose laws you're familiar with?
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  #18  
Old 11-13-2001, 06:37 PM
bobbygedd bobbygedd is offline
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my goodness, i know that it is better to have a written contract. just in this case i didnt, i should still be paid. legally he must pay, morrally, and any way u look at it. i think in court i win. he still has to explain to the judge y, if he didnt want the work done, did he allow me on his property to do it?
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  #19  
Old 11-13-2001, 08:19 PM
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Stonehenge Stonehenge is offline
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I don't know any other way to say this: without a contract, there is no proof. He could say that he agreed that you would do the work for free, as a practice job, and that your wife would also provide free 'service,' and his case is as strong as yours.

He can make up ANYTHING.

If your attorney friend is so certain that this can be won, do this: Tell him you'll hire him on a contingency basis. You win, he gets x% of the take. You lose, no $. See if he takes the bait. Then you'll know where you stand.
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  #20  
Old 11-13-2001, 10:40 PM
bobbygedd bobbygedd is offline
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Location: NJ
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stone, u r right, there is no proof. and that is where a judge would have to hear both sides and make a logical decision. i agreed to give him free work? illogical! my wife? i dont get that part??????? i can see i speak on deaf ears at this point. i was watching some t.v court today, and these cases are almost always without any proof at all. lets see, i agreed to give him free work, yea sure. that sounds as good as, he said i could throw rocks at his windows and break as many as i wanted, yur honor. no proof right? now u r acting silly, mr. stone. and, my wife? please explain
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