Legal Question in Civil Litigation in California

lawsuit
A good friend of mine purchased a small snack store from a real estate agent in August 2006. The documents supplied through the agent showed sales and receipts (grossly exaggerated), no sales tax returns, no tax returns, but the business was being represented from the seller as a going concern. I have wanted her to sue the owner and agent for misrepresentation and fraud. She does not have the money to pay a lawyer and has asked me to see if I would or could do the filings. Could this be done and if so, how do we proceed. What is the agents responsibility when representing a client?

Asked on 4/02/07, 9:35 pm

4 Answers from Attorneys

Judith Deming Deming & Associates

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Re: lawsuit

Engaging in the unauthorized practice of law is a felony--a non-lawyer cannot represent someone else. Successfully trying a civil case for fraud could easily cost tens of thousands of dollars in costs alone; you can't just file some "forms." And, even if what she says is true, she is responsible for taking reasonable caution and exercise care in investigating the accuracy of information provided her by a seller, so even after spending a carload of money, she could still lose and owe the other side attorney's fees and costs.

Answered on 4/03/07, 4:29 pm

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Terry A. Nelson Nelson & Lawless

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Re: lawsuit

If she believes there was fraud and withholding of info, then she should take legal action on those claims. She has no more than 3 years to bring a fraud claim, and 4 on written contract claims. But, the longer she waits the worse her case. Feel free to have her contact me when she decides to get legal help. Unless you are a lawyer, you can't legally represent her; and you wouldn't be doing her any great service by bumbling her case anyway.

Answered on 4/03/07, 8:23 pm

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Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: lawsuit

You are proposing what, that you are going to practice law without a license? In my experience people who say they do not have the money for a lawyer have not done any research or investigation (i.e. talking to lawyers) to find out what their options are. For example, it might well have proven cost-effective had your friend consulted a lawyer prior to her entering into the purchase transaction. If she now wants to sue, she will have to call a lawyer herself.

Answered on 4/02/07, 10:58 pm

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