Legal Question in Business Law in California

********Update: I was hired by someone (my client)and entered into a business agreement with them to research and sell their antique figurine. A price was agreed on by the owner (my client who hired me) to start the bid off at. The item sold, and when I contacted my client(the owner of the figurine who hired me) they refused to ship the item to the buyer, and after finding out the value that it actually sold for, they instead decided to break the agreement and list the item themselves,)We had a verbal business agreement for them to pay me for my services, and they refuse to pay me for my services now. It is to my understanding that a verbal agreement like the one that was made is valid in california and that I can file a claim in small claims court. I just don't know where to start. What forms do i start off with?************

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, 9:55 am

1 Answer from Attorneys

Small claims forms are available at www.courtinfo.ca.gov under the forms tabs. You would be better off, however, going down the the courthouse for some help. Most counties have either a small claims facilitator, or a separate small claims help window in the clerk's office.

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Answered on 3/03/11, 11:21 am


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