verbal agreement dispute
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verbal agreement dispute
My civic association had a written contract for rental usage of our ball field for 2018 with a softball organization. We also had a verbal agreement that any and all improvements made to the property/ball field would be considered permanent to the property and non removable without consent from the civic association.
The softball group removed the improvements today dugout awnings and field lighting and the police let them leave without issue.
what is our next course of action.
Asked on December 19, 2018 under Business Law, Virginia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
An oral--"oral," not "verbal," is the correct term--agreement is valid and enforceable, IF:
1) It must meet the criteria for being a contract, which includes an exchange of consideration, or things of value: if this was a separate agreement from the written rental agreement, you would have had to have given them something additional of value (over and above whatever they are getting in the separate written contract) in order to make this an enforceable agreement. In the written rental agreement, they were getting the right to use the field; so for an oral agreement to be a contract, they'd have to get something in addition to that in exchange for turning over the improvements to you.
2) The written agreement/contract must not bar separate oral agreements. If there is any provisions in the written contract that it contains the entire agreement between the parties, then you can't add a separate oral agreement
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