Napa, CA asked in Civil Litigation, Elder Law and Contracts for California

Q: I made a verbal contract with an HVAC worker to replace the HVAC and ducting in my home. I got ripped off. Help?

I made a verbal agreement to have this worker install new ducting supply unit and New HVAC equipment. He replaced the units, but did not replace the ducting. Can I get advice as to what I can do? I gave him a $7200 down payment.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Verbal agreements can be legally binding, though they can be more challenging to enforce than written contracts. If the HVAC worker did not fulfill the terms of your agreement, you may have grounds for a breach of contract claim. To bolster your position, gather any evidence of the agreement, such as text messages, emails, or witness accounts.

A demand letter outlining the breach and your expectations for remedy can sometimes resolve the issue without resorting to litigation. If this doesn't lead to a resolution, you may consider filing a claim in small claims court, given the amount involved. However, if the dispute becomes more complex, seeking representation might be a prudent course of action. Remember, documentation and communication are key in resolving such matters.

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