QUESTION
What can be done with a verbal contract for 6 years in duration?
Asked on Aug 06th, 2018 on Breach of Contract - Florida
More details to this question:
My son had a verbal contract with a dentist to receive 18% of everything that comes into the dental office from clients that he marketed for and got the business. They parted ways and the dentist is refusing to pay my son for the proceeds from the last month he worked. He has almost 6 years of being paid 18% of business earnings by check. He had business cards which stated he was General Manager. He was also asked by the dentist to co-sign a dental office rental building for the business and the dentist is acting as if my son was not part of the business. Is there anything that can be done?
1 ANSWER
Your son can sue the dentist for breach of contract. In doing so, he should be aware of some pitfalls. First an agreement which can't fully be performed for more than one year normally must be written. The contract you describe, however, doesn't seem to be of this type, as it was an oral agreement which could be terminated at any time. Don't describe it as a verbal agreement of six years' duration. Also, it is likely that the dentist has formed an entity, either an llc or a corporation, through which to conduct his/her business. Is your son's contract with the dentist, or with the entity? On whose account were his checks drawn? I'm not sure how much is at stake, but if it is a large amount, it may be a good idea to consult a Florida attorney.
Answered on Aug 07th, 2018 at 7:22 AM