Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have a company (P.C corporation) who red a consultant

Customer Question
I have a company (P.C...
I have a company (P.C corporation) who hired a consultant for financial issues.. That person then rented and apartment on-line in the company's name without the authority or the authorization to do so. He then skipped out. We are now being sued to the lease by the apartment holders. He may the first month rent using a company check signed with an electronic signature of the president, again without authorization.
The apartment managers are saying they called our company and verified the that the offending consultant did work for us, He told the management of the apartment management that he was a VP of the company which he is not.
They claim this is a legal transaction we claim we had no knowledge of it so it is not. Who is correct?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 11 minutes by:
2/20/2016
Real Estate Lawyer: CalAttorney2, Lawyer replied 2 years ago
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Verified

Dear Customer,

I am sorry to learn of this embezzlement and fraud issue.

The apartment complex is trying to claim that your company is liable based on the consultant's "ostensible authority" (meaning that the company acting as a "reasonably prudent third party" was entitled to rely on the statements and position of the consultant and that they are therefore entitled to hold your company liable.

They have an argument, but it isn't very strong. (Here is an overview of how this area of law works - you can use this and compare it to the details of the facts in your case to better gauge your risk: http://agency.uslegal.com/rights-duties-and-liabilities-between-principal-and-third-parties/)

At most, your company would be liable for the past due rent, but once the apartment became aware of the fraudulent acts, they can no longer claim reliance on the embezzler's statements and the damages are limited.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I was separated from my partner couple months ago and he
Hi, I was separated from my partner couple months ago and he forged my signature to rent an apartment. That apartment people spoke spoke to my own landlord and my landlord decided to fill out a reques… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
This is a general question about what constitutes a legally
This is a general question about what constitutes a legally signed letter but it specifically involves a Homeowner Association and its management company. Our management company is in the habit of sen… read more
Maverick
Maverick
Doctoral Degree
6,327 satisfied customers
This is of Illinois. We have a lease renewal apartment due
This is for state of Illinois. We have a lease renewal for our apartment due October 15. My son is not available to sign the lease renewal as he is away at college. He was on the original lease as he … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Please give me the California law or statute that state, Under
Please give me the California law or statute that state, Under California law, the deed would have no legal effect and is null and void if the person who signed it did not have legal standing to sign.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
, I was served with an eviction notice last Thursday. I
, I was served with an eviction notice last Thursday. I rented the apartment from the person that rents it themselves, not the owner. The eviction appears to be done by the owner, who lives in Argenti… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
my family was looking at transfering our son to a different
my family was looking at transfering our son to a different school in florida for a sport related activity and found a school in Tallahassee and subsequently an apartment that was under construction a… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was just sent yesterday a Notice Of Filing Judgment, WARRANT
I was just sent yesterday a Notice Of Filing Judgment, WARRANT / CONFESSION OF JUDGMENT. This is for principal, interest and attorney's fee. from (B) note holder. This is for the mortgage payments the… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Condo Treasurer needs advice on Financial Indescretions
What could I possibly do now/next? I am the newly elected treasurer of my condo's HOA and I have evidence, strong evidence -- financial records - that indicate our President has authorized expenditure… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
I filled rent application for someone else and the property
I filled rent application for someone else and the property management company representative knew that someone other than me will be living in the apartment. So sometime went by and the guy disappear… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Our HOA (I live in a condo) changed property management companies
Our HOA (I live in a condo) changed property management companies without notification to the homeowners. According to the by-laws, if I could get 33 1/3% of the homeowners signatures to call a specia… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I owe my landlord some money on a commercial lease (restaurant)
I owe my landlord some money on a commercial lease (restaurant) with a personal guarantee and talks have broken down. If I move my equipment & phone # XXXXX a new location, change the corporation name… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
If our house has been foreclosed on and we have unlawful detainer
If our house has been foreclosed on and we have unlawful detainer served on us after the three days notice, Is there any legal way to respond to the eviction notice to prevent or delay the eviction ?… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I signed the commercial lease as a president of my s-corp.
I signed the commercial lease as a president of my s-corp. I want to move out before the lease expires. Can the landlord file a lawsuit against me and my corporation? If I close the corp, can they sti… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I am an owner of a co-op apartment in suburban ny. I have
I am an owner of a co-op apartment in suburban ny. I have water damage to my walls caused by the radiator in the unit above me. There may also be a secondary leak caused by loose brick work on the ext… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
i rented an apartment on the 15th of march and my room mate
i rented an apartment on the 15th of march and my room mate was out of town. so the credit application is based just on my information. also, with his permission i signed his name (signature of Alex G… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I am being sued for last two months of rent. My origional landlord
I am being sued for last two months of rent. My origional landlord was killed in an auto accident. He was in the process of getting a divorce. The spouce who was not on my lease is suing me for the la… read more
Franklin
Franklin
Real Estate Attorney, Broker, Investor
Doctoral Degree
4 satisfied customers
Oregon Real Estate Agency told me that the registered agent
Oregon Real Estate Agency told me that the registered agent with no licence as a property manager or brokers can negotiate contract with property owner as long as a Licensee signs it.. is this true?… read more
socrateaser
socrateaser
1,031 satisfied customers
I am moving out of an apt in Brooklyn in about a month for
I am moving out of an apt in Brooklyn in about a month for health reasons and our lease does not expire until April. My roommate is not moving. My name is XXXXX XXXXX lease but I did not sign it. My r… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x