Legal Question in Real Estate Law in California
Contrat Law-- Nominees
Hi! I was wanting to know if a nominee is considered an agent under contract law, particuarly in real estate transactions, and can a nominee be held liable for breach of contract. Thank you all very much.
Asked on 12/03/08, 11:52 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Contrat Law-- Nominees
I believe the answer is context-dependent. Ordinarily, a nominee in a real-estate transaction will not be imbued with the powers of an agent, but in some situations, probably a small minority, the "nominee" may be, or become, an agent or sub-agent of a principal. I found one case, Cisco v. Van Lew, addressing this issue in one context that may be fairly common -- this was a 1943 case and is published at 60 Cal.App.2nd 575.
Answered on 12/04/08, 9:51 am
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