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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I purchased a 1951 mercury from a classic car dealership.

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I purchased a 1951 mercury from a classic car dealership. it was represented as a car built by George barris[ a very famous classic car builder making the the car much more valuable car]. about a year later I learned that barris didn't build the car and the cars value dimished greatly. the sale was based on fraudulent representation. I signed a release of liability for the agent. the agent had the car on consignment for sale. did this release of liability of the agent also release the principal of the fraud????????? R.L.XXXX

Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

I signed a release of liability for the agent. the agent had the car on consignment for sale. did this release of liability of the agent also release the principal of the fraud????????? R.L.Price

Not quite.

While releases are binding, they are not if the action is intentional. Nueces County v. Ferguson, 97 S.W.3d 205, 223 (Tex. App.—Corpus Christi 2002, no pet.) ("[T]he Texas Tort Claims Act specifically preserves sovereign immunity as to intentional torts...").

Ergo, if there was intentional fraud, then the party/parties is/are not saved by the waived and may still be pursued.

Good luck.

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Customer: replied 4 years ago.

ely case 13358217 873 I received your reply but did not answer the question I asked. does a release of the agent also release the principal?? Richard



Hello friend and thank you for requesting me.


Apologies, and allow me to be more specific.


If the agent signed the note FOR THE PRINCIPAL, then yes, the note releases the principal as well.


But if the agent acts as an "agent" in the true sense of the word in that they represent the principal, then, the agent himself is not released, only the principal.


If the agent signed the note for himself only, then it does not release the principal.


It gets a little murky, so if you can provide more detail, perhaps we can dissect this issue.

Hello,

I am in receipt of your reply. Sorry, what can I answer for you?