Legal Question in Business Law in Georgia

What constitutes validity in a verbal agreement in Georgia and breaking that agreement?

I entered into a verbal agreement to purchase kitchen equipment and finish out the 18 months left on a lease. From the beginning, I told the seller that I was looking for a catering level facility. She stated that she had been catering out of the space as well as making specific menu items. It was also stated from the beginning that the equipment met the state expectations for what I wanted to use the space for as she had been doing the same under the Dept of Agriculture. Once contacting the Dept. of Agriculture the seller was not handling things the way she should have. Needless to say, the Dept of Agriculture sent me to the Dept of Health and the aforementioned equipment will not "make the grade." Is the agreement unenforceable under Georgia Code - Contracts - Title 13, Section 13-5-4 as a mutal mistake of fact or law? How about the fact that the lease could not be completed within one year and was not in writing? Any chance of using the UCC 2-315. Implied Warranty: Fitness for Particular Purpose? (Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose) Any advice would be greatly appreciated...thank you


Asked on 9/24/11, 1:07 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

You have too many issues for this type of forum. Consult with a local corporate attorney. And, for future reference, get all such agreements in writing.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 9/28/11, 1:10 pm


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