QUESTION

How do I resolve a verbal contract violation issue ?

Asked on Feb 01st, 2013 on Contracts - Pennsylvania
More details to this question:
Over the past year 2012, I have traded some stocks and maintain two accounts for a relative. A verbal agreement was to pay me a 2% on profits for my services. During the year I managed to generate a gain of $50,000 between both accounts. Because of some declining stocks that person is refusing to pay my commission. Declining stocks had never been sold, and therefore without any physical loss. This is what my relative objected to believe. Ironically she did not hesitated to cover my commission in 2011.
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1 ANSWER

Closely Held Business Law Attorney serving Allentown, PA at Wiener and Wiener LLP
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Verbal Contracts are handled the same as written contracts, other than issues regarding proof of the terms of the contract. Often issues in verbal contract disputes involve issues that were not agreed to in the verbal contract, or that the parties differ as to whether they were covered in the oral agreement. In your case it sounds that the issue of including and when to include losses is at the heart of your dispute. In many cases there is no clear answer and either the parties reach a settlement or amicable resolution or litigate the matter in which case a judge will fill in the missing terms based on applicable law and his or her view of what was intended.   All matters are dependent upon all of the facts and circumstances of each situation, and there are factors which may cause a general rule or principle set forth in any response or the information in any memoranda to differ for your situation or inquiry. The provision of a response or other information is not intended to provide legal advice or counsel to you, and is not intended for you to take or refrain from any action. This response does NOT create an Attorney-Client relationship.
Answered on Feb 05th, 2013 at 9:55 AM

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