contract (lack of)
My realtor( at the time) representing
me in the sale of my home, lost two
sales in escrow before informing me
that one major item in the Pest
Report was causing the buyers to
cancel their offer. When I was finally
made aware of the report and the
overstated damage + cost to
investigate and repair, the realtor
was asked to get three estimates
from reputable contractors to use as
leverage and proof the report was
overstated. Instead he only got one
and then hired this contractor
without a contract or anything more
than an estimate. The contractor
claims, without any proof, that the
work was complete and has sued in
small claims for $2700. The
contractor used e-mail
communications between the seller
(me) and the realtor (the one who
approved him to commence) as
evidence I knew the amount to be
fair and reason to do the job. The
judge favored the contractor because
there was ''betterment'' to the
property. My ? is - without a
contract, an invoice or proof other
than the fact I saw this person enter
the property for roughly 30 minutes
am I liable for this verbal contract?
Can my realtor bind me to an
amount over state law $500
Re: contract (lack of)
What state law $500 do you mean? The Commercial Code (section 2201) has a $500 limit for sales of goods by oral contract, but this isn't a sale of goods, it is performance of services. There is also a requirement in the Business and Professions Code that certain home improvement contracts must be in writing; whether this job came under that proviso isn't knowable from the facts given.
Further, the various "Statute of Frauds" enactments requiring written contracts in a variety of situations are among the most porous laws on the books. A good lawyer can find a loophole and get enforcement of some kind on more than 50% of the oral contracts that shoulda been in writing under the letter of the law. Often, this will be because there is some sufficient written memorandum of the contract to prove by writing that one was formed. Or, the court can ignore the oral contract completely and order payment in the form of monetary restitution to avoid an "unjust enrichment" of the beneficiary of services or goods on a quantum meruit or quasi-contract theory.
In addition to the lack of a written contract theory, you also seem to allege that, if there were an agreement of any kind, it was made by the Realtor, not you. The problem here is that this person is your agent for getting the house sold, and contracts made by an agent with apparent authority of the principal are as binding on the principal as though he made them himself.
I think you may have a stronger case against your Realtor than against the contractor. The Realtor owes you a bunch of duties, including a duty to follow your instructions and to keep you informed. Mind you, I don't know whether your have a good case for breach of those duties, but it could be the stronger of the two.
Re: contract (lack of)
What state law $500 do you mean? The Commercial Code (section 2201) has a $500 limit for sales of goods by oral contract, but this isn't a sale of goods, it is performance of services. There is also a requirement in the Business and Professions Code that certain home improvement contracts must be in writing; whether this job came under that proviso isn't knowable from the facts given.
Further, the various "Statute of Frauds" enactments requiring written contracts in a variety of situations are among the most porous laws on the books. A good lawyer can find a loophole and get enforcement of some kind on more than 50% of the oral contracts that shoulda been in writing under the letter of the law. Often, this will be because there is some sufficient written memorandum of the contract to prove by writing that one was formed. Or, the court can ignore the oral contract completely and order payment in the form of monetary restitution to avoid an "unjust enrichment" of the beneficiary of services or goods on a quantum meruit or quasi-contract theory.
In addition to the lack of a written contract theory, you also seem to allege that, if there were an agreement of any kind, it was made by the Realtor, not you. The problem here is that this person is your agent for getting the house sold, and contracts made by an agent with apparent authority of the principal are as binding on the principal as though he made them himself.
I think you may have a stronger case against your Realtor than against the contractor. The Realtor owes you a bunch of duties, including a duty to follow your instructions and to keep you informed. Mind you, I don't know whether your have a good case for breach of those duties, but it could be the stronger of the two.
