stop faffing about with emails and put together a proper heads of terms / simple contract

You're creating a chain of 'he said / I said' emails that will leave no-one any the wiser about what has/hasn't been agreed. Good luck with that.

All you need is a simple word document bullet pointing the key details of the agreement that you can then both sign (or, if you must, just explicitly acknowledge by email).

All this 'to clarify and avoid potential isunderstanding' malarky is just red flagging that there *is* obviously a misunderstanding because he hasn't recorded/remembered what you verbally discussed - which either means he's a weaselling bastard or there is a genuine misunderstanding.

Keep it simple and try:

'Further to our call this morning, I [attach*][set out below] an outline of the key points that we discussed on [X]. Are you happy that this reflects the agreement that we have reached in respect of [Y]?'

That'll flush out whether you do in fact have a biz agreement or not.

Ideally you want a signed document but that'll probably do if it's not a particularly important/valuable deal.

If the horse has bolted, and the proposed deal hasn't happened and the time for it has passed, I'm not sure anything you now say by email will make a difference unless he's muppet enough to acknowledge the existence of an agreement that he's breached.

Posted By: CWC on February 21st 2014 at 23:47:12

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