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How to determine who I contracted with in oral agreement

Cupertino, CA |

I paid for a set of electronic lab equipment paying around 20,000.
Check was to this one person.
They are not what was promised.
The seller has multiple companies that he is partners in and the equipment seems from multiple companies.

I don't know if I have to sue every company that he owns and every partner or not.

I understand that I have to sue the person I contracted with.

This was oral so who did I contract with?
Is it up to the seller to tell me that or does something else determine that?

Since I was half the party to the contract does what I say make a difference. Like I was contracting with this person, or this person as this company?

Isn't the seller, personally responsible?

Attorney Answers 3

Posted

Your contract is with the person you spoke with unless he was acting as an authorized representative for one or more of the companies he works with. Are there any records in writing? Invoices, Bills of Lading?

This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.

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Posted

Welcome to the world of oral agreements. You raised endless issues with no simple answers. You certainly have a claim against the person you dealt with; the burden will be on you to determine whether or not he is partners with individuals who would have partnership liability. Depending when or where money changed hands, the terms and conditions of the shipping agreement it is impossible to even to determine what state or count haw jurisdiction over this dispute. If the seller made false representations, or did not deliver the product he promised in any regard he is personally responsible.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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1 comment

Asker

Posted

Thanks John, One question, why is it my responsibility? Would they have to say it was not may fault, it gets divided between me and this other person?

Posted

Why do you have to sue at all?
Why not just "return" the goods to whom/where they came from?
IF they refuse to take delivery, then you have an issue worth suing over.
Unfortunately, you will have to sue in Superior Court to recover all funds.
That will require the guidance of a licensed atty if you wish to be successful.

My firm handles contract issues statewide and we are based here in the Silicon Valley.
Feel free to get in touch at your earliest convenience:

http://www.CaLemons.com

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