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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37399
Experience:  Attorney over 16 years, landlord 26 years
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If we do not have a contract services promised and the

Customer Question

If we do not have a contract for the services promised and the services were not provided,will the judge on the case make me pay the 3000 they say I owe. Plus on service's that I did pay for , we're not totally held up to what they promised
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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It is a little difficult to figure out what is going on here with your current comments. If you can tell me some more of the back story about what was done, what wasn't and what the agreement was then I can help.

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thanks

Barrister

Customer: replied 1 year ago.
We rented a ball room at a local hotel so we could hold a small concert. Our original agreement was for 6000 dollars for a month. Everything in the ball room was not in working order,but we payed them for two weekends anyway. It was sweltering hot,and the air conditioning never worked. Half our customers left and we lost money because of this. Then on top of that they charged us another 3000 for 2 more weekends and we didn't use their facility at all after the air was not working
That is what they are taking me to small claims court for.
Customer: replied 1 year ago.
Plus we never signed a contract either
Expert:  barristerinky replied 1 year ago.

Ok, thank you for that information. Just to be clear, a verbal contract can be legally binding if there is an agreement and at least one party performs under that agreement. So a written contract is not necessary in order to pursue a breach of contract action.

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However, if you examined the property and it was represented as being functional and had operating AC and that is the condition that you agreed to rent it in, then if they didn't provide the same venue in the same condition when you actually showed up, they are in breach of contract. When one party is in breach of contract, that relieves the other party from any further performance.

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So if you didn't get what you paid for, you had the right to terminate the contract due to their breach. You would actually have the right to countersue the venue under a breach of contract claim because even the two dates that you did use the venue, it was unacceptable due to the problems.

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With that said, the plaintiff will have to prove that 1. there was a contract (there was) 2. They complied with the terms of the contract (they didn't) and 3. they suffered damages that are unpaid due to your termination.

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thanks

Barrrister

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