Post # 1
So I had lined up a friend/acquaintance who DJ’s to be our DJ. He was giving us a great price and he does stuff all over town (big stuff). So I was very confident in hiring him.. We had a talk and a verbal agreement (I guess?) via FB chat. Well he isn’t responding to me and hasn’t sent me a contract after a few months now.
Is our verbal/FB chat agreement binding? Can I book someone else and tell him he’s off?
Our wedding is in May so I need to line something else up if he isn’t going to do it and he just won’t answer me with a contract or with a ‘no sorry I don’t want to’…
Post # 4
A Facebook chat is a binding agreement because it was legally a conversation that cna be documented between the two of you. However, verbal is not legally binding as it turns into a he said she said issue.
I would call him. I know I usually don’t answer clients on Facebook chat as I much prefer regular email. It’s much more organized, and not to mention professional. Give him a call, maybe he has just been busy.
Post # 5
Facebook chats, while are legally documented, they may not be considered legally binding. It can be traced back that you had a conversation with X person on X day at X time, but there is very little proof of who you were talking to.
You’re talking to your best friend on Facebook and decide to make a dinner date. You set all the arrangements and when time passes, you go to the dinner date to find no one there. You call your friend — she has no recollection of this dinner date and it turns out you were actually talking to her son.
See what I mean?
I would not consider a facebook discussion a legally binding anything.
Post # 6
A verbal agreement is not binding. I would write out your understanding of the details, mail it to him, and ask for a signed copy, or ask for his own formal contract.
Post # 7
It isn’t binding so you can go with someone else if you can’t get a hold of him. If you can get a hold of him, and you do still want to use his services get a written contract since it seems he is unreliable when it comes to reaching out to him for questions.
I had a FB chat with a photographer, and she never got back to me, so I went with someone else. No binding nor could she legally sue me since I didn’t even pay her anything to begin with.
Post # 8
Thanks for all your answers. Sadly, I don’t have his phone number anymore since I got a new phone and didn’t think I’d need it.
@abbie017: I’ve asked him about 5 times for his contract since December with no response- except once that he ‘hasn’t forgotten about us’ from a month ago.
Post # 9
He sounds flaky. I’d find another DJ.
Post # 10
@jpalm13: In that case, I’d probably send one more email like this:
“Dear DJ: I am formally requesting that you please send me a contract. If I do not receive this contract within one week (Spell out date), I will assume you are no longer interested in working with me for my wedding. The contract should include start and end times, all equipment you are bringing, the date, place, and anything you require from me and my venue the day of the wedding. Failure to provide this information in a timely manner will force me to choose a new DJ for my event.
Post # 11
I’m no lawyer, but from what I learned in health care law, technically verbal agreements can in fact be legally binding. However, you have to be able to prove that both parties verbally agreed to the arrangement, which usually is impossible to do. It also depends on state law, I believe as some states have laws requiring written contracts for certain things, such as for anything over $500, etc.
I thikn you should send him a message letting him know that due to his lack of response, you’re going to move ahead with finding another DJ.