I am not totally changing my mind, but I might want to change my mind on some of the conditions and make them slightly different. This would cause some additional financial expense to the person I have the contract with.
So what happens now? Do I HAVE to go along with the amendmant to the written contract because I may have verbally agreed to do so?
Or can I change my mind?
What happens if you verbally agree to amend a written contract with someone, but then change your mind?
Is there money paid on this contract? If not, there is NO contract. Have you signed the amendment? If not, there is no amendment. IT sounds as if you are haggling over the formation of a contract...until all is signed and MONEY is put down by the terms of the contract, you have NO contract at all. That is simple contract law, in all states.
What happens if you verbally agree to amend a written contract with someone, but then change your mind?
The written contract takes precedence and trumps any verbal agreements, either before or after. This rule in law was adopted to make commerce a smoother and clearer enterprise.
Unless and until the written contract is changed in writing, no amendments will overrule it.
no. The written terms take precedence over oral terms.
depending on the state an oral contract is just as binding as a written one. Of course it is harder to prove the conditions of an oral contract unless there are witnesses.
Your answer is almost certainly in the written contract. It should have a clause which states something to the effect that: all modifications must be in writing and signed by both parties. If it doesn't, then your situation will be determined by the law of the State in which you are located, and since you didn't say where the contract is signed/enforceable, then I can't help you further.
Simply put: if it ain't written it never happened.
Sam Goldwyn the film maker of MGM fame, once said, %26quot;An oral contract is not worth the paper its printed on.%26quot; You have a written contract and in all likelihood that will control. This is a matter of trust. If you agreed to amend the contract and there is no proof and you want out of the changes, that is about all you have to do, as all they have to do. That still leaves the written contract that controls. Is the oral change binding, yes, if it does not involve the sales of goods over $400 or deals with sales of land. If you just changed your mind and your word is worthless, you can get out of all the changes. You are scum if you do, but you can. Picking and choosing is not an option unless they agree, but they better put it in writing because you can't be trusted.
The written contract will always be stronger than a verbal one.
Well, it isn't signed yet. I'd tell that person ASAP so they can figure out what to do now that you are going to want to amend the contract in a way differently than you agreed. Just say something like, %26quot;After we talked, I got to thinking about what we'd agreed to and realized ....%26quot; There's really nothing they can do contractually or legally to force you to sign the amendment as it was decided verbally. They may want to be reimbursed for the lawyer fees as a result of writing up the amendment and then changing it. I'd pay the lawyer if I were you.
If you live in a small town or if this is business related, I'd think twice about changing your mind. One, if you live in a small town, this would get around and people would be leery of doing business with you. Two, if you are doing business with this person and you are providing a service for them, then you could get talked about in the close circle related to your business. Basically, your word would be worthless and no one would want to do business with you.
Good luck!!
It depends.
Does the contract have an entire contract clause meaning that only what's contained in the contract can be used as evidence in court? If so, even if you did agree then any oral evidence would be inadmissable and irrelevant until it is in writing.
Is the contract one that must be in writing; for instance sale of goods over a certain amount (depends on your state), marriage, property etc? If so, an oral agreement will have no effect until it is in writing.
If it does not fall into one of the above categories then it may be binding - it depends on whether it was initial negotiations or whether it was a full agreement (including an offer, acceptance, discussion of terms and conditions and exchange of consideration).
Finally even if you did agree to something verbally, it would be extremely hard for the other person to prove, particularly if there is already a written contract which is contrary.
I would recommend talking to the other party and agreeing on new terms and conditions if they are ammenable. If it is a huge deal or you're unsure, it would be best to seek legal advice however with a lawyer who is familiar with the laws in your jurisdiction.
- ALWAYS have a clause that the written contract can only be changed in writing
- verbal agreements are harder to enforce, it depends on the state, %26amp; it's kind of a he said/she said thing
- bottom line, in the future, have the clause above, and then never agree to anything until you're ready to commit to it, then put it in writing
contracts are no place for carelessness
consult a lawyer and be safe !
