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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Suing for Breach of Verbal Contract

    My question involves independent contractors in the state of: Massachusetts.

    I helped a relative of mine market a commercial property online. Due to my marketing I was able to help this person sell a property for $5.5 million (I was not the broker, just helped find a buyer by placing ads). Before the sale we agreed on a commission of 5% upon the closing. This was a verbal contract over the phone. My relative was greedy and decided to hold the mortgage rather than have the buyer get a commercial loan from the bank, and be paid up front. He collected $1.2 million upfront and paid me a fraction of the amount we agreed upon. He said he would pay me the rest over 360 monthly payments at 6% interest. I protested but I did not have adequate funds to take him to court at the time so I accepted the payments for 13 months.
    About 6 months ago my relative got into a legal battle with my family. It had nothing to do with me but unfortunately he decided to breach our verbal contract and stop paying me what I am owed. I have a paper trail of the 13 monthly payments which I deposited and the original amount that he paid me. I have spoken with a friend who is a lawyer and he told me I should have a good case, but I wanted to get some more advice before I call the lawyer that he referred me to. I appreciate any input.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Info on Suing for Breach of Verbal Contract

    Your lawyer friend is correct, it sounds like you have a good case. Make sure you have copies of the listing, bank deposits, etc. What you didn't say is how the agreement went from 360 payments to 13. Was there a written contract at that point because you obviously redone the terms of the agreement?

    What we can't answer for you is if you should sue your relative. If you've exhausted all other measures then by all means, go after him.

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Info on Suing for Breach of Verbal Contract

    The verbal agreement was a lump sum upon the sale. My relative just decided to screw me and and instead pay me over 30 years. Later he decided to stop paying me altogether and said that I had been paid in full when I had only receive approx 20%.

    As for the relative issue I don't need help with that. This person stole approximately $10 million from my 90 year old grand mother and tried to get her on welfare. He also did a lot more to my family for no reason.

  4. #4
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Suing for Breach of Verbal Contract

    contact your bank to get a deposit records
    you may also want to get phone/cell records to prove ongoing relations

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