What is the best way for my mom to handle a breech in terms based on a verbal agreement?

Answer 1

My mom made a verbal agreement with an unlicensed guy to do some minor repairs around her house. Initially, they agreed that the work should take no more than a month maximum and that was based on him not working every day, but three or four days at six - eight hours a day. The discussed all of the tasks that she needed completed and that she'd purchase all of the material. She agreed that she'd pay him $200 a week and at the completion of all of the jobs that she needed done within that month, she'd award him the '99 Toyota Forerunner which is bluebook valued at: $3,400 right now.

It all seemed to be an adequate deal. However, they both didn't get anything in writing and it's going on two months later. This man has a severe attendance issue. He'd call at 8am and say he was coming and wouldn't show up until noon. She was paying him weekly, until last week, when I told her to stop, because he was getting over on her. He'd show up and work for two hours and then disappear, or he'd text and say 'this came up, or that came up.' Every single job he's started, he has yet to finish. He's half finished on everything and at this rate, I told her not to pay him another dime, that if he still wanted the vehicle, that would be his pay.

Sometimes, she'd call him and wouldn't get him or he'd call back the next day or just show up. She tried talking to him and he seemed to get it, but then right back to the same behavior. What is the best way to deal with this situation being that it's a verbal agreement gone bad?

Another Answer:

The Previous answer belongs in the comments section as does part of this answer.

Verbal agreements can be changed. The original verbal agreement can be changed. However, it may or may not be worth it. It will depend on who has title to the Toyota.

First I would like to know a few more details.

1. Is this a friend of your mothers that she wants to help out? Is this a really complicated job that he underbid? Does he have a regular job and is he doing this after hours?

2. Have you looked into what it would cost to have a professional finish the work? Frequently that would be less expensive than hiring incompetence and doing the same work twice.

3. While in many circumstances a verbal contract is just as binding as a written contract, in this case this one may have the provision that the work would be done within one month. You could check with a lawyer concerning local law on that and other issues.

4. So basically it is your mother's problem whether or not she will own up to it. All I can say is find out exactly what steps she has taken in the business relationship with this man and make suggestions.

5. Unless she is willing to give you power of attorney over her affairs, it is difficult to have the ability to exercise the power you need.