QUESTION

The only way for you to answer the question is if i tell a story but it pretty much comes down to: Does a verbal contract hold up in court?

Asked on Jul 20th, 2013 on Business Law - Washington
More details to this question:
It all started almost a year ago when i had a conversation with a mutual friend about a business plan. They wanted money and i thought it was a pretty good idea. I ended up doing the dumbest thing in my life by going with it. I didn't really know what i was doing or what i was getting my self into. I transferred the money into the LLC account and we started working on the project. That's when everything went south. He asked for more money and I gave it up. He basically used the money to live for months. I have some paper work that states i will get paid back but that only accounts for the initial start-up money. The business has not turned a profit.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Most contracts do not have to be in writing to be valid and enforceable, but of course a court is much more likely to believe that there was a contract if there is documentation.  From what you write, however, I think you would probably have been better off if there had been no investment contract.  If you had loaned your friend money, you would be entitled to have it repaid, although the two of you could argue about when it was supposed to be repaid, whether it was supposed to be repaid in one sum or installments, what interest rate applied, etc.  An investment in a business, however, only entitles you to an interest in the business; if the business makes no profit, you lose your money.  However, you may have a claim against your former friend if you believe he misused the money, for example. if the two of you had agreed that he would use your money for business expenses (space, supplies, advertising, etc.), and instead he had wasted the money on personal expenses.
Answered on Jul 22nd, 2013 at 10:21 AM

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