Legal Question in Product Liability in California

If your father tells you, that you can sell a drum set that belongs to your mother in law for 7,000 dollars (with her permission) and collect 10%. Then you sell it for 10,000 dollars and expect the remaining profit past what they said without contract is it illegal or does it follow under verbal contract?


Asked on 11/22/13, 12:40 am

2 Answers from Attorneys

Rob Reed Law Office of Robert A. Reed

I would imagine your Dad would be fine giving you an extra $300 after you got him an additional $2700. If your father refuses, I would suggest that it isn't worth family strife over $300.

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Answered on 11/22/13, 7:15 am

The answer to your either/or question is neither one exactly. You have a verbal contact that is missing a provision that was not anticipated and agreed on. If this was a big case, say you were a broker and you were authorized to list a house for $700,000 and you managed to sell it for 1,000,000 a court would most likely rule that what you are entitled to is 10% on $1,000,000. You generally only get a profit if you buy something and sell it for a higher price because you put your money at risk. So if you had bought the set for $6,300 expecting to sell it for $7,000 and got $10,000 the extra would be yours. But when you are merely a commissioned seller you get your commission on the sale, period, unless you negotiate beforehand to get a bonus on any sale above the seller's asking price.

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Answered on 11/22/13, 8:09 am


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