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  1. #1
    Join Date
    Oct 2019
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    6

    Default Whom Do I Sue--the Middleman or the Seller

    My question involves court procedures for the state of: CA

    Small Claims Court.

    I bought a car from a middleman--the supposed "brother in law" of the owner. I wrote the check to the owner's name and handed it to the middle man.

    I now want to unwind the car deal in small claims court since their was no smog certificate given.

    Do I sue the middle man or the seller (the person who's name I wrote the check to and the person on the title of the car)?

  2. #2

    Default Re: Whom Do I Sue--the Middleman or the Seller

    Quote Quoting Carl83209
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    My question involves court procedures for the state of: CA

    Small Claims Court.

    I bought a car from a middleman (SIC) --the supposed "brother in law" of the owner. I wrote the check to the owner's name and handed it to the middle man.

    I now want to unwind the car deal in small claims court since their was no smog certificate given.

    Do I sue the middle man or the seller (the person who's name I wrote the check to and the person on the title of the car)?
    You intend to sue to rescind the sale, to get your money back and you don't know who to name as the defendant - the guy whose name is on the title and on your check OR his brother-in-law whose name isn't on anything?

    Just curious, but why do you think the brother-in- law bears any responsibility to you either by way of furnishing the certificate or refunding the purchase price?

  3. #3
    Join Date
    Oct 2014
    Posts
    7,454

    Default Re: Whom Do I Sue--the Middleman or the Seller

    Quote Quoting Carl83209
    View Post
    Do I sue the middle man or the seller (the person who's name I wrote the check to and the person on the title of the car)?
    The brother-in-law was the agent of the seller. Because you knew he was the agent of the seller and knew who the actual seller was, he is known in the law a disclosed agent. In that situation, if there is a breach of the contract it is the seller that is liable to you, not the agent.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,274

    Default Re: Whom Do I Sue--the Middleman or the Seller

    Quote Quoting Carl83209
    View Post


    I now want to unwind the car deal in small claims court since their was no smog certificate given.



    And you didn't think to insist on a smog certificate?

    Sigh.

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