Jd, here is a question about contracts
Say someone comes to you, lets call him Jim, and says he wants to buy your house, you assume Jim is the buyer, Jim's girlfriend signs the contract and disclosure
, you figure well they are buying the house together, how quaint. Jim communicates all his contingencies and concerns about the house with you etc. at closing Jim and his girlfriend are with their lawyer and the papers are signed, but now you see that they are signed by his girlfriend in the name of an llc. No indication still by the Jim and his GF that they are not the owners, they take possession
and paints and fixes the house up. Then the seller finds out that neither jim nor his GF, bought the house, but an llc that niether Jim nor his GF are members of. Then you find out that the llc is the plaintiff in a lawsuit against you, for failure to communicate a lead report to the owner. Yet you told the JIm about the lead report. During deposition Jim and his GF both claim to never have been members of the llc, neither did they have POA. then you find out that Jim didn't sign anything because he was headed to federal prison a month after closing, on unrelated drug conspiracy charges, apparently Jim sold all his properties in a short sale to his girlfriend before he went into the pen, so obviously did not want his name on one more.
How is it Jim's GF could sign All the closing papers for the house?
How could the seller be responsible to an owner llc that didn't exist until 10 days before closing?
At best could it not be said that Jim was the buyers agent?
If he can't be described as buyers agent, nor the owner what would his legal title
would the seller be wrong for assuming Jim and his GF were the owners since they acted as such?
Could it be said there was misrepresentation on Jim and his GF's behalf