Do I owe her money?

amother

Mon, Apr 08 2019, 9:23 am

A non-Jewish women I knew was closing down her (seasonal) business. I made a verbal agreement with her that she would refer all her clients to me and I would pay her fifty percent of the gross receipts first year and thirty percent of the gross receipts the second year.

I'm now in the third year and have the following situation: Some of her clients who did not come back last year did come back this year. So the question is ,does the second year of servicing her clients but three years since we made the agreement fall into the category of owing her thirty percent of gross receipts for the second year or not?

She has no idea this happened and won't find out unless I tell her.Being that the agreement was only verbal there is no legal way she can force me to pay her anything but I don't want to stiff her.This is a question of doing the right thing not what are my legal obligations to her

Being that she isn't Jewish I'm not sure if this a question for a Rav or not.

Mon, Apr 08 2019, 9:29 am

I am not an expert in business law, but my amateur feeling is no, the third year receipts are yours to keep regardless of whether the clients came back the second year. I doubt that her religion is relevant.

amother

Red

Mon, Apr 08 2019, 9:29 am

It sounds like you were talking about the years following her business closure, correct? You aren't obligated to keep track of anything beyond the first two years since her business closed, regardless of clients popping in and out. I would not say you owe her anything.

yo'ma

Mon, Apr 08 2019, 11:31 am

amother wrote:

I have no clue about the business aspect, but I learned that when it comes to money, the laws are the same whether the person is jewish or not besides with interest. I could be wrong though.

naturalmom5

Mon, Apr 08 2019, 11:42 am

If it wasn't written down and no lawyers were involved off hand I'd say it sounds likes Tois Akum ( when a non j makes a mistake) and you don't owe her
But if there's a possibility to make a Kiddush Hashem I definitely would

amother

Chartreuse

Mon, Apr 08 2019, 11:50 am

The use of the word "years" in the agreement makes it clear that this was a time-limited arrangement, and that time has expired.

Had you agreed on something like "the first X times I provide the service" it would be different.

I agree that this has nothing to do with whether or not she is Jewish.

amother

Crimson

Mon, Apr 08 2019, 12:38 pm

amother wrote:

Why don't you ask a Rav/dayan? He will tell you the halacha

This. There are even Rabbanim who specialize in Jewish business ethics and halachot. Unfortunately, I've got no names at hand, but maybe other posters have.

amother

Linen

Mon, Apr 08 2019, 12:51 pm

This is a very common way to sell a business. An amount upfront + a percentage of revenue from legacy clients, trailing off year by year... in this case 2 years. There is really no question here.