Can a contract be made if only one of the parties agree?
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Can a contract be made if only one of the parties agree?
I purchased a home 6 months ago and have” X” for auto insurance. At the time, I called for a homeowners insurance quote. I ended up going with another insurance company. Now “X” is demanding over $600 in homeowners insurance back payment. I never signed up for this, only asked for a quote. They say I consented over the phone and I must pay this or they will send it to collections. I’ve called the national number and they say this must be cleared up with the local office. I have called the local office and they say they’ve already registered the house and must pay. Please let me know if I have any options of recourse.
Asked on April 23, 2015 under General Practice, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
A contract requires the mutual assent (agreement) by all parties. There is no contract between you and the homeowner's insurance coimpany.
When you called and the insurance company provided a quote, that quote was an offer which you could reject. A contract requires an offer and an acceptance. Without your acceptance, there wasn't any contract. A contract requires essential terms such as subject matter, price, time for performance, parties to the agreement, etc.
If the company takes any legal action against you, you can assert a defense to formation of a contract because there wasn't any contract since you never communicated your acceptance to the offer (quote).
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