Legal Question in Business Law in California

I entered into a business agreement with a client back in November. They had aquired an Italian antique figurine which they wanted to sell. They came to be asking for my assistance hoping that I would be able to assist them with getting an appox. appraisal of what the value of the antique might sell for,finding a buyer and arranging the sell. In exchange, it was agreed upon by both of us that I would be paid 25% of the final value of the ceramic figurine when it sold. For the next couple of months I researched the internet for information on the company who had made the figurine. Little information was available. In fact no information had been found on the exact piece that he had. Allot of time was put in to searching for information and getting an online appraisal for this piece. Allot of time and effort was spent haing to translate my text into Italian so that I could communicate with various people so I could collect the information needed to get the value of it. In January of 2011, I finally had al the information needed to start the auction bidding using ebay to sell it. It was agreed on by the client and I to start thebidding at $1,100. The auction ended with a final offer at $2,225.00 dollars. I then contacted my client so we could proceed with shipping the item and collecting the payment. At this time the client decided tat he would sell it himself and no longer wanted my assistance. He listed the item on ebay himself, copying my listing exactly word for word, as well as copied my photos I hadused to list the item. Do I have any kind of claim? I have proof of researching, emails sent to antique dealers for the appraisals, as well as text messages to and from this person which show that there was a business agreement that had been made. I am hoping to file a suit in small claims court to collect the fees agreed on.Also, ebay states that there ar policies against their members copying other members description textx and or pictures to sell there item, which is what he is doing. Any help would be greatly appreciated.


Asked on 2/14/11, 1:09 pm

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

You failed to mention if you had a written contract, which would help you immensely. Even without the written contract, you should win in small claims court. You may have problems with Ebay, since you sold an item and are not following up with shipment.

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Answered on 2/14/11, 2:10 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. Next business agreement, put it all in writing and include an attorneys fee clause. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/14/11, 6:09 pm


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