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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110556
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I had entered into a verbal business agreement with my brother

Customer Question

I had entered into a verbal business agreement with my brother who stated I was to receive 15 dollars for every light fixture sold. He provided a year end statement showing the number of fixtures sold and the amount of monies recieved. It was the one and only one I recieved for the year 2009 he would not provide for 2010 and 2011 so I have no ideal what the commission was and how much I was to recieve. He also gave 200,000 dollars of my commission to his son and son-in law which he said he would repay me if they did not and I have not received that either what can I do I don't have funds to sue
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
Legally, you have to sue, that is the only remedy you have against him. Enforcement of oral contracts in NY is difficult because all contracts are to be in writing to be enforceable under the Statute of Frauds. There is an exception to the statute of frauds which you are arguing here in that when a party to the contract has partial performance (you made sales) in reliance on the contract, then this is an exception to the Statute of Frauds for oral contracts. Under NY law you have 6 years to sue for breach of contract.

I am afraid a case of this value has to go to the supreme court civil division and cannot go to small claims court, which means you need an attorney. Just because one attorney gave you such a high retainer does not mean all attorneys will want that much, so you need to shop around to find an attorney you can afford, because court is your only recourse I am afraid if you want to get your money.

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