Am i wrong for not delivering?

Exactly, sounds like All State and I haven’t even read but 1 page of this thread. It’s all the same people.

PS. Take the 7k. Be nice to the “new” broker and customer. It’s the double broker that scammed you. Your lucky the new broker found you.

 

Well, it was milk when all of this started but now it is yogurt.

Good luck OP! I'd take the 7k and move on. Also, if you're having trouble making ends meet I'd run shorter runs with quickpay more often so you have better cash flow. I don't recommend factoring personally. I do well with a mix of low interest quickpay from the bigger brokers and 30 day on the smaller ones.

 

My concern was that some dairy products are exempt. As far as I know you can’t file on a brokers bond if the load is exempt.

 

How come you didn't sign the broker carrier agreement?

 

Milk fat, concentrated milk/cream, frozen milk/cream, pasteurized milk, powdered milk are all exempt.

 

Not signing it doesn't mean much, what matters is there is a record of the agreement and being verbal with written elements to the contract still make it enforceable in many states and on the federal level.

If I agree to a load from broker A, and broker A sends me an agreement to take that specific load, through say email, then that is binding at that point. I don't have to sign it, just confirm I received it through a reply to the email.

see what counts is the legality of the contract more than the signature, if the elements of a contract are all there, the signature is not the means to confirm that there was an agreement to the load but the email was because of the traceable means of communications.

Now it is wise to sign everything, even stamp it and return it because it is easier to deal with the "oh you didn't sign this so ... " crap.

I had to deal with this issue a few months back, driver goes through the entire negotiations for a load, the broker accepts the offer, he signed the confirmation and sent it back, then the broker said in her replay "good to go", but never got a return with the signature on it. He picked up the load, dropped it at the receiver, then sent everything to the broker to get paid. a week later one of the office people call the broker and asked where the money is. The broker tried to pull this 'well I didn't sign it so it isn't valid' crap, lawyer handled the entire thing and as I was told the emails during the negotiation was accepted as proof that there was a solid contract so the broker ate the original load price plus legal fees.

 

Spot on. An enforceable contract consists of an offer (the broker's email to you), acceptance of the offer (reply email), and consideration (stated money or other valuable item(s) for performing the offer). If these are all in writing / emails then you have an agreement between two parties to perform a specific task for a specific amount.
I am not a lawyer, but have seen and heard this many times in my career of negotiation many commercial contracts.

 

Oh, I’m with you now. Sorry, i don’t know anything about reefer.

But it was a good one though, dontcha think?

 

so is the op mt.......?