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To: BipolarBob
There was no proper written contract except for the numerous recorded communications between the parties, which more than establishes a verbal contract (valid.) The terms were stipulated and promises were made (text, voicemail, etc.)

I know that FReepers will excoriate me for not having a piece of paper, but a verbal contract is binding. We have her dead to rights.

6 posted on 04/04/2024 7:53:45 AM PDT by fwdude ( )
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To: fwdude
I know that FReepers will excoriate me for not having a piece of paper, but a verbal contract is binding. We have her dead to rights.

Don't take this as excoriating but it would have been wise to have it in writing. I hope you have them dead to rights but that is harder to prove without a written contract, not impossible, just more difficult. An attorney will likely be more excoriating in telling you the same thing.

If you have worked with attorneys in the past, ask one of them for guidance. Even if it isn't their area, they are generally good at directing you to someone with the proper skills and expertise. Sometimes, in a case like this, all it might take is a letter from a law firm to get the situation resolved. If the estate sale agency knows it is in the wrong, it won't want to go to court.

18 posted on 04/04/2024 8:12:41 AM PDT by CommerceComet ("You know why there's a Second Amendment? In case, the government forgets the first." Rush Limbaugh )
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To: fwdude

Under the Statute of Frauds, if the matter in controversy is over $500, there needs to be a written agreement. Different states treat S of Fs differently (your mileage may vary). But it’s still theft if you can prove they took the stuff and didn’t pay for it.


21 posted on 04/04/2024 8:29:21 AM PDT by jagusafr ( )
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