Legal Question in Business Law in California

I entered into a verbal 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 had used 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 text and or pictures to sell there item, which is what he is doing. Any help would be greatly appreciated. Also, if i can file claim in small claims court, where or how do I go about doing so? What forms do I fill out?


Asked on 3/03/11, 7:54 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I am very troubled by the concept of selling the same item twice. Someone must fail to understand that the figurine, once sold, is no longer theirs. The figurine belongs, after the first sale, to the buyer......who may have already paid for it using PayPal. Am I missing something? Another possibility is that whoever listed the item on eBay the first time did not have the power to sell, due to being neither the owner nor the authorized agent of the owner. The buyer in the first auction may have a claim.

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Answered on 3/03/11, 9:25 am


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