Do you ever feel like your arguments are not taken seriously because they weren’t written down? We’ve all been there, but if you want to avoid this issue in the future, it’s time to change your approach.
“i told you so original artist” is a song written by the late, great singer-songwriter John Lennon. Released in 1964, it was one of his most popular songs and one of the first to be recorded without any accompaniment.
On TheSelfEmployed.Com, I like, don’t like, and disagree with Dealing With – And Enforcing – Verbal Contracts. And I strongly encourage you to read it.
What I appreciate about it is Post author Marshall Lee’s practical suggestion on what to do if you don’t have it written down.
- All secondary documents, such as emails and text messages, quotations, faxes, written correspondence—everything—must be archived and backed up right away. Even if the details of the agreement aren’t written down, these papers may be able to assist you avoid the burden of proof.
- Take notes on the agreement right away and retain them.
- As quickly as feasible, provide a written statement explaining the conditions of the agreement as you perceive them.
- Make a note of what was agreed upon by any witnesses to the agreement.
What I don’t like is how you have to travel backwards to get to the really excellent information, which is buried towards the bottom:
It goes without saying that the best approach to cope with a messed-up verbal contract is to avoid it altogether. Get it down on paper. Things are remembered differently by various people. People have short memories. People deceive one another. Solicit basic signatures from your customers. After all, this is business, and anybody who refuses to sign formal contracts is likely to vanish once the payment is due.
The emphasis there is mine, and I placed it there to draw attention to the points in this article that I disagree with. I believe we over exaggerate the importance of a “contract.” Never execute a contract when a letter would suffice, as stated in the italicized part of the paragraph above. I believe that simply drafting a one- or two-page letter, you may obtain 95 percent of the value of a contract with just 10% of the trouble. I even ask folks to just confirm their agreement through email.
People frequently resist putting things in writing because they believe it will result in a contract, which will result in attorneys, which will result in discussing specific issues, which will result in delays and diversions aplenty.
Find a happy medium: get it in writing, in simple English, and plainly.
Please don’t consider this as legal advice since I’m not an attorney. However, as the creator and owner of a company, I’ve had to deal with a lot of legal issues. Contracts, in my experience, do not address many real-world issues any better than plain letters. Suing to enforce a contract is very uncommon, costly, and frequently futile. In most instances, if individuals don’t follow through on what they committed to in a simple letter, you won’t be able to compel them to follow through on a contract.
So, the lesson of the story is to get it down on paper. Simply, quickly, and in simple English.
By the way, if you’re self-employed and haven’t heard of TheSelfEmployed.com, go check it out. It’s a fantastic resource for many individuals in your shoes. Information, suggestions, warnings, and hazards.
Shutterstock provided this picture of a signed paper.
Watch This Video-
When you’ve been worked on for so long you never know you’re done, and the only way to find out is when someone else tells you. This is what happened to Jericho Brown, who was told he was finished but didn’t get the job offer in writing. Reference: when you’ve been worked on for so long you never know you’re done jericho brown.
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