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I had a verbal agreement to sell some items to someone who…

This is Dave. I...

This is Dave. I had a verbal agreement to sell some items to someone who was to pick them up but failed to do so and now won't return calls. What action can I take?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: What steps have you taken so far?

Calling him

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was a intermediary involved in this agreement so I didn't directly talk or notify the buyer

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Answered in 5 minutes by:
1/16/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,851
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Did they pay you any money? Who was the third party and why were they involved?

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Customer reply replied 7 months ago
I did not receive any money up front. The 3rd party was my ex-wife who had the relationship (not personal) with the buyer
Customer reply replied 7 months ago
I don't prefer to call at this time unless there is a strong possibility of collecting monies per our verbal agreemenmt

Thank you. You can go after them and sue for a breach of the oral agreement if there was a deal/agreement made and they are failing to perform. Typically, in a situation like this, where you did not sell them anything and they never received the product, a party may choose to walk away but if you want them to perform, you can sue them. You will also have to bring in your ex if the deal was made through her, since she will have to testify to what was agreed upon, if they dispute this.

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Customer reply replied 7 months ago
what process do I take to start this pursuit. Do I go to small claims court? How does that work?

How much money is owed to you?

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Customer reply replied 7 months ago
$600

Yes, for that amount you can file suit in small claims court. Before you do, you may want to consider making a demand that they perform but if they refuse, you can proceed and sue. The clerk of court has the forms for you to fill out and file to start the process and you can speak with them today if you wanted to, to start the process.

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Customer reply replied 7 months ago
I had planned on notifying the person first as one last chance then pursuing if he refuses or doesn't answer calls. Anything else I should be aware of that I'm not asking?

Small claims court is set up, for parties to handle and represent themselves, for this amount, you can use it. Gather all the evidence you have that you will need to show and support your case and ideally, speak with your ex and make sure she will cooperate and appear to testify on your behalf if needed.

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You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 7 months ago
Will do, thanks. Is there a way to print or download this transcript?

You can copy and paste it into a word document, as the site does not send it.

LegalKnowledge
LegalKnowledge, Attorney
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Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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