Atlanta, Georgia Personal Injury Lawyer
There is a maxim in business which states: "Get it in writing." That's not because parties are bound by what they say. In most cases, an oral contract is every bit as enforceable as a written contract. Of course, to enforce a contract, you must still prove it was made. In most cases, you are going to need witnesses to testify as to what the other person said. In many cases, that hasn't happened.
As a result, the best advice to avoid business disputes is the simplest advice. When you have an agreement with someone, put it in writing. If you come to an oral agreement with someone with regard an item of business, send them a confirming letter. In that letter, you will want to specify all of the terms and conditions of the agreement. For example, the letter might state,
"Dear John:
This letter is just to confirm that today you agreed to sell me your furniture for $1,000. Please contact me immediately if this is not accurate.
Very truly yours,
Mike"
You will want to be as detailed as possible in your letter. It is better to say you agreed to say, "You agreed to sell me your furniture which includes, couch, chair, table, and entertainment center" rather than just "your furniture." That will avoid disputes later about what was included in the deal.
It is also a good idea to send a letter via facsimile and regular mail and hold on to a copy of your confirmation page from your fax machine. If you really want to be safe, you can send a letter via certified mail so that the other party cannot argue that they never got the letter.
When dealing with more complicated issues, you will want to put a contact in writing. A person can walk into Office Depot and buy a standard contract or some software which contains contract forms. While these forms are better than nothing, they can frequently omit important information as no one form can cover all possible issues in a transaction. Thus, it is better to be penny wise than pound foolish by having an attorney review your contract rather than to try to save several hundred dollars and do it all on your own.
As my Wills and Estates professor once told me, "Don't worry about the money lost from people doing their own Wills. That money will be more than made up by the lawsuit generated by relatives' fighting over what an amateur's version of a Will meant." While that might be a statement only a lawyer can love, I've seen too many instances where a person's failure to spend a few hundred dollars has later come back to cost many thousands of dollars.
To consult with an attorney about your business law questions, please send your questions or concerns via e-mail to mneff@mlnlaw.com or call (404) 531-9700.
