Don’t Just Shake On It

Don’t Just Shake On It

  • September 2018
  • Posted By Chris Pike

Talk To Me Mediation is often asked to mediate cases where two parties i.e. seller and purchaser dispute what has been contractually agreed.
When the terms and conditions of a contract are clearly laid down, if there has been a breach, mediation is an efficient, cost-effective process of problem solving where the disputing parties work together to find a solution.

However, verbal agreements can present difficulties.
When you agree to supply goods or services, whether or not any money is paid, you are making a contract with the purchaser. The contract may be in writing or it could be a verbal agreement.


Here is an example of where verbal agreements can cause problems.
Mr B is an active elderly gentleman, living on his own, who decided to purchase a new bath with handles. He contacted a plumber, who visited him at home and Mr B advised him of his requirements. It was agreed the plumber would purchase and install the bath while Mr B was away.
It was a gentleman’s agreement, nothing in writing and they purely shook hands on the deal.

On his return, Mr B was horrified to find that while the plumber had done an excellent job installing the bath, it didn’t have handles as he had requested. The plumber disputed that Mr B had ordered a bath with handles. Mr B then withheld payment and they stopped communicating.

Talk To Me Mediation became involved and had a conversation with both parties. By encouraging dialogue between them they agreed there had been a misunderstanding, the plumber reduced the bill and Mr B settled the outstanding payment.

Don’t risk the challenge. To avoid contractual disputes, it is vitally important that you and the purchaser have a written contract and are absolutely clear as to what is being agreed.


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