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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32907
Experience:  Began practicing law in 1992
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verbal agreements as binding contracts

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I arrived at a verbal agreement to buy a riding mower from an individual on a payment over time schedule. While in possesion of said riding mower the individual who agreed to sell it to me on a payment method sent one of his employees/after I had obtained possesion/ to use said mower without my permission or my knowledge. when the mower came back to I had to repair it because of abuse from the borrower of the mower. the seller agreed twice to come and retrieve the mower to assume repairs but never showed. In this process I was tired of delays and did repairs my self and charged the seller for time and parts and have kept records of repairs/ and photos. Yet this individual says I still owe him. this mower has been on my property for over 90 days. I've trid to contact this person to discuss our contract been have been cursed and hung up on twice. the way I see it the mower is now mine since he's had 90 days to come retrieve it or settle with me on the repairs and time cost issues.
My feeling is that you owe him the money but he also owes you for the repairs. They may offset and they may not. Technically you are supposed to pay him anyway and then sue him for the repairs. If you owe him more than he owes you, pay him the difference and send him a bill showing the offset.

If he wants the mower he needs to sue in court for it, but I suspect he is the kind that will just show up one day and take it so be sure you keep it locked up.

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