Legal Question in Real Estate Law in California
Hello,
I recently moved out of an apartment I was living in. The new tenant happened to be an acquaintance of mine who wished to buy some of my furnishings. I allowed him to keep about $1000 worth of furniture with an oral agreement that he would pay me $2000 over the course of the next two months for the furniture and other extraneous expenses. Unfortunately he has been avoiding my phone calls, emails and text messages, and has paid me only $650 in over 6 months. Would I have a case in taking him to court without a written contract?
Thanks
Cheryl Haab
2 Answers from Attorneys
Yes. When you go to court, be prepared with a list of the items that your acquaintance agreed to buy and their reasonable value. Also bring with you witnesses to the conversation or e-mails and copies of the payment checks or bank statements showing the deposit(s) of the payments. You might also bring photographs of the items. Good luck!
This is a suitable claim for small-claims court. Oral agreements are generally enforceable. There are two obstacles to success: proof of the existence of the contract and its terms; and collecting on your judgment once you get it. I suggest buying and studying a California-oriented self-help law book on how to prepare and win your case in small claims court.
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