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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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Are Verbal Contracts in the State of Rhode Island legally binding

Resolved Question:

Are Verbal Contracts in the State of Rhode Island legally binding? I was told that they are by several lawyers in Rhode Island, however I was wondering if you may show proof verifying that verbal contracts are null and void in the state of Rhode Island.
Submitted: 8 years ago.
Category: Legal
Expert:  INFOLAWYER replied 8 years ago.
What kind of contract is it?
Customer: replied 8 years ago.
its a verbal contract.
Expert:  INFOLAWYER replied 8 years ago.
I meant what is the contract covering? employment, real estate, services, good being rendered. The answer depends on the nature of the contract.
Customer: replied 8 years ago.

the verbal contract is for cable service.

Expert:  INFOLAWYER replied 8 years ago.
I see. Yes, such a contract can be done verbally. In fact it is hardly ever done in writing. It is normally done by phone conversation in which the company asks you if you want the service and records the question anf answer evidencing your acceptance. If you wish to cancel, you would need to call or write to do so.
Expert:  INFOLAWYER replied 8 years ago.

The relevant statute is below.

 

http://law.justia.com/rhodeisland/codes/title9/9-1-4.html

Customer: replied 8 years ago.
I'm not to sure if that really answers my question. Please let me rephrase. My question is in regards XXXXX XXXXX contracts. I have renewed my cable service with cox communications over the phone. I never signed any paper work, I just agreed. I'm not happy with my bill and Dish Network agents have stated that since I have not signed any bill, that contract has become null and void since in the state of Rhode Island, verbal contracts are not legally binding. I was just wondering if you can confirm this. The agent has told me to fight the cox communication cancellation fee since there is no proof of a signed document, therefore I have never agreed to anything.
Expert:  INFOLAWYER replied 8 years ago.

This contract is valid and can be verbal. See the statute below which I linked earlier which limits when a contract must be in writing.

§ 9-1-4 - Statute of frauds

No action shall be brought:

(1) Whereby to charge any person upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer time than one year;

(2) Whereby to charge any person upon any agreement made upon consideration of marriage;

(3) Whereby to charge any trustee under any express trust, or any executor or administrator, upon his or her special promise to answer any debt or damage out of his or her own estate;

(4) Whereby to charge any person upon his or her special promise to answer for the debt, default, or miscarriage of another person;

(5) Whereby to charge any person upon any agreement which is not to be performed within the space of one year from the making thereof;

(6) Whereby to charge any person upon any agreement or promise to pay any commission for or upon the sale of any interest in real estate,

unless the promise or agreement upon which the action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person by him or her thereunto lawfully authorized.

INFOLAWYER and 2 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Thank You.
Expert:  INFOLAWYER replied 8 years ago.
You are very welcome.