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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53954
Experience:  Attorney with 29 years of experience.
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I have a verbal agreement with a company since 2008 and they

Customer Question

I have a verbal agreement with a company since 2008 and they are supposed to be paying me commissions based on my sales, The company is in New York, do I have a right to go after them since they have not paid me in 6 months
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
Yes, you do have the right to pursue what is owed you. Even though you may not have a signed written agreement, you do have a course of conduct substantiating the existence of your verbal agreement. The lack of a written contract can be overcome by the concepts of promissory estoppel and detrimental reliance. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, and iii) Person B's failure to perform would be to Person A's detriment, Person A can overcome the legal requirement that the agreement be in writing. Your situation satisfies all the foregoing elements. The fact that one of the companies went out of business is not your risk of loss, but the company's.
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Expert:  Richard replied 1 year ago.
I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a follow up before I return, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.