How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Legal
Satisfied Customers: 55308
Experience:  Attorney with 29 years of experience.
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

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.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
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.