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If a broker (AKA man-in-the-middle-scammer) cheats a buyer, can the seller be held responsible?
Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30 pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?Can a business owner make untrue statement about the performances of their business on their website?Can the cashier be held liable for credit card fraud if procedure isn't followed?Can a restaurant or retailer be held to “posted” prices?Can the costs of a “charity challenge” be paid for with part of the funds raised?Can I require someone to donate money to a charity I'm not associated with prior to donating an embryo to them in the USA?How well can one know the rules in gambling before it's legally fraud?Can a company charge two different prices for the same product at the same time?Can I lable a product, “product of” the country where it was bottledCan a foreigner win small court claim in the US without appearing in court?Can a company legally disable a product on the basis it was acquired fraudulently?
For example, the deal is that BrokerSneaky mails a payment to Seller. Seller has placed something in escrow as required by BrokerSneaky. BrokerSneaky DOES NOT mail anything, but instead gets HaplessBuyer to mail the payment by giving HaplessBuyer some reason to send the same amount of money that Seller charged BrokerSneaky. Seller receives the payment from HaplessBuyer and instructs escrow to release its holdings to BrokerSneaky. BrokerSneaky disappears without giving anything to HaplessBuyer (who wasn't smart enough to demand an escrow).
What legal claims, if any, does HaplessBuyer have against Seller?
fraud commerce claims
asked Dec 17 '18 at 20:29
Dave ScoteseDave Scotese
1064
add a comment |
For example, the deal is that BrokerSneaky mails a payment to Seller. Seller has placed something in escrow as required by BrokerSneaky. BrokerSneaky DOES NOT mail anything, but instead gets HaplessBuyer to mail the payment by giving HaplessBuyer some reason to send the same amount of money that Seller charged BrokerSneaky. Seller receives the payment from HaplessBuyer and instructs escrow to release its holdings to BrokerSneaky. BrokerSneaky disappears without giving anything to HaplessBuyer (who wasn't smart enough to demand an escrow).
What legal claims, if any, does HaplessBuyer have against Seller?
fraud commerce claims
asked Dec 17 '18 at 20:29
Dave ScoteseDave Scotese
1064
add a comment |
For example, the deal is that BrokerSneaky mails a payment to Seller. Seller has placed something in escrow as required by BrokerSneaky. BrokerSneaky DOES NOT mail anything, but instead gets HaplessBuyer to mail the payment by giving HaplessBuyer some reason to send the same amount of money that Seller charged BrokerSneaky. Seller receives the payment from HaplessBuyer and instructs escrow to release its holdings to BrokerSneaky. BrokerSneaky disappears without giving anything to HaplessBuyer (who wasn't smart enough to demand an escrow).
What legal claims, if any, does HaplessBuyer have against Seller?
fraud commerce claims
asked Dec 17 '18 at 20:29
Dave ScoteseDave Scotese
1064
For example, the deal is that BrokerSneaky mails a payment to Seller. Seller has placed something in escrow as required by BrokerSneaky. BrokerSneaky DOES NOT mail anything, but instead gets HaplessBuyer to mail the payment by giving HaplessBuyer some reason to send the same amount of money that Seller charged BrokerSneaky. Seller receives the payment from HaplessBuyer and instructs escrow to release its holdings to BrokerSneaky. BrokerSneaky disappears without giving anything to HaplessBuyer (who wasn't smart enough to demand an escrow).
What legal claims, if any, does HaplessBuyer have against Seller?
fraud commerce claims
fraud commerce claims
asked Dec 17 '18 at 20:29
Dave ScoteseDave Scotese
1064
asked Dec 17 '18 at 20:29
Dave ScoteseDave Scotese
1064
edited 11 mins ago
Dave Scotese
asked Dec 17 '18 at 20:29
Dave ScoteseDave Scotese
1064
asked Dec 17 '18 at 20:29
Dave ScoteseDave Scotese
1064
asked Dec 17 '18 at 20:29
Dave ScoteseDave Scotese
1064
1064
add a comment |
add a comment |
1 Answer
1
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oldest
votes
What legal claims, if any, does HaplessBuyer have against Seller?
None. Seller entered a contract with BrokerSneaky, not with HaplessBuyer. HaplessBuyer only has viable claims against BrokerSneaky.
For certain types of goods, services, or contracts, the case might be made that Seller had a duty to ensure that HaplessBuyer --not BrokerSneaky-- is the beneficiary in the contract, but that is not palpable in the situation you describe. Nor does your description reflect that Seller knew of BrokerSneaky's intention to defraud HaplessBuyer.
answered Dec 17 '18 at 20:53
Iñaki ViggersIñaki Viggers
11.2k21832
Do you have any references for this answer that can be used by Seller if Seller is contacted by HaplessBuyer's attorneys? I once had a case like this, and I explained what you just wrote (it just seems and seemed right), and that ended it, but I've since learned that some lawyers need more hand-holding to give up on a useless claim.
– Dave Scotese
Dec 20 '18 at 0:57
1
It is unlikely that Seller is BrokerSneaky's agent. The legal definition of contract says it binds only the parties (and their agents) who made the agreement. This applies in the U.S. and many other countries, and every lawyer is expected to know this tenet of the doctrine of contract law. Thus, lawyers playing dumb here might be (1) probing into Seller's words/records to screw him from another angle; (2) pursuing unwarranted concessions from Seller through intimidation and/or vexation; or (3) plain incompetent.
– Iñaki Viggers
Dec 20 '18 at 11:28
add a comment |
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1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
What legal claims, if any, does HaplessBuyer have against Seller?
None. Seller entered a contract with BrokerSneaky, not with HaplessBuyer. HaplessBuyer only has viable claims against BrokerSneaky.
For certain types of goods, services, or contracts, the case might be made that Seller had a duty to ensure that HaplessBuyer --not BrokerSneaky-- is the beneficiary in the contract, but that is not palpable in the situation you describe. Nor does your description reflect that Seller knew of BrokerSneaky's intention to defraud HaplessBuyer.
answered Dec 17 '18 at 20:53
Iñaki ViggersIñaki Viggers
11.2k21832
Do you have any references for this answer that can be used by Seller if Seller is contacted by HaplessBuyer's attorneys? I once had a case like this, and I explained what you just wrote (it just seems and seemed right), and that ended it, but I've since learned that some lawyers need more hand-holding to give up on a useless claim.
– Dave Scotese
Dec 20 '18 at 0:57
1
It is unlikely that Seller is BrokerSneaky's agent. The legal definition of contract says it binds only the parties (and their agents) who made the agreement. This applies in the U.S. and many other countries, and every lawyer is expected to know this tenet of the doctrine of contract law. Thus, lawyers playing dumb here might be (1) probing into Seller's words/records to screw him from another angle; (2) pursuing unwarranted concessions from Seller through intimidation and/or vexation; or (3) plain incompetent.
– Iñaki Viggers
Dec 20 '18 at 11:28
add a comment |
What legal claims, if any, does HaplessBuyer have against Seller?
None. Seller entered a contract with BrokerSneaky, not with HaplessBuyer. HaplessBuyer only has viable claims against BrokerSneaky.
For certain types of goods, services, or contracts, the case might be made that Seller had a duty to ensure that HaplessBuyer --not BrokerSneaky-- is the beneficiary in the contract, but that is not palpable in the situation you describe. Nor does your description reflect that Seller knew of BrokerSneaky's intention to defraud HaplessBuyer.
answered Dec 17 '18 at 20:53
Iñaki ViggersIñaki Viggers
11.2k21832
Do you have any references for this answer that can be used by Seller if Seller is contacted by HaplessBuyer's attorneys? I once had a case like this, and I explained what you just wrote (it just seems and seemed right), and that ended it, but I've since learned that some lawyers need more hand-holding to give up on a useless claim.
– Dave Scotese
Dec 20 '18 at 0:57
1
It is unlikely that Seller is BrokerSneaky's agent. The legal definition of contract says it binds only the parties (and their agents) who made the agreement. This applies in the U.S. and many other countries, and every lawyer is expected to know this tenet of the doctrine of contract law. Thus, lawyers playing dumb here might be (1) probing into Seller's words/records to screw him from another angle; (2) pursuing unwarranted concessions from Seller through intimidation and/or vexation; or (3) plain incompetent.
– Iñaki Viggers
Dec 20 '18 at 11:28
add a comment |
What legal claims, if any, does HaplessBuyer have against Seller?
None. Seller entered a contract with BrokerSneaky, not with HaplessBuyer. HaplessBuyer only has viable claims against BrokerSneaky.
For certain types of goods, services, or contracts, the case might be made that Seller had a duty to ensure that HaplessBuyer --not BrokerSneaky-- is the beneficiary in the contract, but that is not palpable in the situation you describe. Nor does your description reflect that Seller knew of BrokerSneaky's intention to defraud HaplessBuyer.
answered Dec 17 '18 at 20:53
Iñaki ViggersIñaki Viggers
11.2k21832
What legal claims, if any, does HaplessBuyer have against Seller?
None. Seller entered a contract with BrokerSneaky, not with HaplessBuyer. HaplessBuyer only has viable claims against BrokerSneaky.
For certain types of goods, services, or contracts, the case might be made that Seller had a duty to ensure that HaplessBuyer --not BrokerSneaky-- is the beneficiary in the contract, but that is not palpable in the situation you describe. Nor does your description reflect that Seller knew of BrokerSneaky's intention to defraud HaplessBuyer.
answered Dec 17 '18 at 20:53
Iñaki ViggersIñaki Viggers
11.2k21832
edited Dec 17 '18 at 21:37
answered Dec 17 '18 at 20:53
Iñaki ViggersIñaki Viggers
11.2k21832
answered Dec 17 '18 at 20:53
Iñaki ViggersIñaki Viggers
11.2k21832
answered Dec 17 '18 at 20:53
Iñaki ViggersIñaki Viggers
11.2k21832
11.2k21832
Do you have any references for this answer that can be used by Seller if Seller is contacted by HaplessBuyer's attorneys? I once had a case like this, and I explained what you just wrote (it just seems and seemed right), and that ended it, but I've since learned that some lawyers need more hand-holding to give up on a useless claim.
– Dave Scotese
Dec 20 '18 at 0:57
1
It is unlikely that Seller is BrokerSneaky's agent. The legal definition of contract says it binds only the parties (and their agents) who made the agreement. This applies in the U.S. and many other countries, and every lawyer is expected to know this tenet of the doctrine of contract law. Thus, lawyers playing dumb here might be (1) probing into Seller's words/records to screw him from another angle; (2) pursuing unwarranted concessions from Seller through intimidation and/or vexation; or (3) plain incompetent.
– Iñaki Viggers
Dec 20 '18 at 11:28
add a comment |
Do you have any references for this answer that can be used by Seller if Seller is contacted by HaplessBuyer's attorneys? I once had a case like this, and I explained what you just wrote (it just seems and seemed right), and that ended it, but I've since learned that some lawyers need more hand-holding to give up on a useless claim.
– Dave Scotese
Dec 20 '18 at 0:57
1
It is unlikely that Seller is BrokerSneaky's agent. The legal definition of contract says it binds only the parties (and their agents) who made the agreement. This applies in the U.S. and many other countries, and every lawyer is expected to know this tenet of the doctrine of contract law. Thus, lawyers playing dumb here might be (1) probing into Seller's words/records to screw him from another angle; (2) pursuing unwarranted concessions from Seller through intimidation and/or vexation; or (3) plain incompetent.
– Iñaki Viggers
Dec 20 '18 at 11:28
Do you have any references for this answer that can be used by Seller if Seller is contacted by HaplessBuyer's attorneys? I once had a case like this, and I explained what you just wrote (it just seems and seemed right), and that ended it, but I've since learned that some lawyers need more hand-holding to give up on a useless claim.
– Dave Scotese
Dec 20 '18 at 0:57
Do you have any references for this answer that can be used by Seller if Seller is contacted by HaplessBuyer's attorneys? I once had a case like this, and I explained what you just wrote (it just seems and seemed right), and that ended it, but I've since learned that some lawyers need more hand-holding to give up on a useless claim.
– Dave Scotese
Dec 20 '18 at 0:57
1
1
It is unlikely that Seller is BrokerSneaky's agent. The legal definition of contract says it binds only the parties (and their agents) who made the agreement. This applies in the U.S. and many other countries, and every lawyer is expected to know this tenet of the doctrine of contract law. Thus, lawyers playing dumb here might be (1) probing into Seller's words/records to screw him from another angle; (2) pursuing unwarranted concessions from Seller through intimidation and/or vexation; or (3) plain incompetent.
– Iñaki Viggers
Dec 20 '18 at 11:28
It is unlikely that Seller is BrokerSneaky's agent. The legal definition of contract says it binds only the parties (and their agents) who made the agreement. This applies in the U.S. and many other countries, and every lawyer is expected to know this tenet of the doctrine of contract law. Thus, lawyers playing dumb here might be (1) probing into Seller's words/records to screw him from another angle; (2) pursuing unwarranted concessions from Seller through intimidation and/or vexation; or (3) plain incompetent.
– Iñaki Viggers
Dec 20 '18 at 11:28
add a comment |
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