Posted by Patricia/VT on 5/27/09 1:45pm
Msg #290086

Frustration

An out of state atty's office called me yesterday to do a signing in VT today. She verified my e-mail address and said she'd send it over. When I returned to my office, there was no e-mail confirmation, so I called the number captured on my cell and left a voice mail requesting a confirmation. No response, so today, when I was offered an assignment for the same time I agreed.
Now, the woman who didn't send a confirmation called & said docs are ready. I explained that with neither a confirmation nor a response to my voice message, I had made another commitment, and was not available at the original time.
She responded that we had an oral agreement. I said that especially as I have no idea who she is, if there is no confirmation, there is no agreement. Lesson learned: Always explain to new clients that confirmation in writing is required!

Reply by Jahari Davis on 5/27/09 2:19pm
Msg #290089

Bear in mind that verbal agreements are still legally binding and some will use that as justification for upholding a contractual obligation no matter how big or small. Your only escape clause out of this situation is that you left a message at the phone number left on your cell phone. This is a good heads up for us all. Thanks!

Reply by Claudine Osborne on 5/27/09 2:54pm
Msg #290092

I always insist on a confirmation, if I do not get one then I will schedule something else, as long as I have tried to make contact with the caller, just as you have.

Reply by cdoty_IL on 5/27/09 3:12pm
Msg #290095

Verbal Confirmaion?? LOL....

I would like to see how that would hold up on your end if you do not receive payment. That would be one party's word againd the other. They could offer you a check for $25 and say that was the "verbal agreement".

You followed up and they still did not return your call to at least advise the appt was still on....you did nothing wrong, JMO.

Reply by Roland on 5/27/09 3:23pm
Msg #290099

Re: Verbal Confirmaion?? LOL....

I agree you did nothing wrong.

Reply by Teddog/CO on 5/27/09 3:30pm
Msg #290100

No email confirmation, no appointment.

Reply by Gary Boehm on 5/27/09 3:51pm
Msg #290105

Frustration

First of all, it was an attorney's office that called... (LOL)

But I usually try to avoid conflict wherever possible. What I do in that kind of situation is ask the second caller "I already have a possible appointment at that time but they have NOT confirmed. Can you be flexible on the time for your signing if they finally do call me back and confirm?" About 60% of the time they say yes and no matter what the first caller does it is no problem and you might get one or both of the signings. I know I can think of at least two occasions where the first caller NEVER called back so at least I got the second appointment and was able to do it on time.

I'm sure there are those out there who would scream NO! You shouldn't DO that to the second company if they follow the "rules" and would be sending you an email Confirmation and so on and so forth. But you are being honest with them, it doesn't hurt to ask (does it?), nobody gets
upset, you might still get both signings, and everybody's happy (including your bank account)?

Anybody agree or no?

Reply by Linda_H/FL on 5/27/09 3:58pm
Msg #290107

""I already have a possible appointment at that time but they have NOT confirmed. Can you be flexible on the time for your signing if they finally do call me back and confirm?" "

Too much info...leave it at "I have an appointment at that time - I can cover your signing at XX:XX" (maybe an hour or two later than requested) - they don't need to know the other one didn't confirm and if they finally do call back, etc., etc...get the flexibility from the get go to play with the time of the signing...especially if they don't have docs ready yet - then you KNOW you more than likely have time to play with.

MHO

Reply by Gary Boehm on 5/27/09 5:20pm
Msg #290117

Frustration

Hi Linda. Hmmm, you may be right. I just word my reply something like that to let them know that I am not going to flake out on the other company, but then again if they are more serious I definitely want to work with them (the second caller).

And maybe your way of giving them a time you are available may sound more businesslike. Many companies won't "flex" more than half an hour so I use the words "be flexible" so they don't freak out right away. Keeps the conversation going while you get it worked out.

I'm from the midwest so think "Jimmy Stewart" when I say "Waaalll... can you... can you be... a LITTLE flexible as to the... the time....?" Gets them every time LOL (did I spell his name right?).

Reply by MistarellaFL on 5/28/09 8:04am
Msg #290158

Not everyone who calls you knows the routine

There are many companies out there who don't use NSAs on a regular basis, and
don't know the "routine" we are used to: call, email confirmation, e-docs.

Reply by JanetK_CA on 5/29/09 3:57am
Msg #290247

I usually confirm their phone number on the first call "...in case the confirmation gets lost in cyberspace..." If you don't get a confirmation, how do you contact the borrowers? I don't consider it firm until I get a confirmation -- and I'd tell the second caller that I have a tentative appt. for that time, then ask about their flexibility.

But I'm with you... a bird in the hand, after all! Of course, if it was a regular client, I'd be much more likely to go with a verbal, as long as it's been a good working relationship and I knew that they'd come through.