The liability that an agent may owe to a third party arising from the breach of an implied warranty, may depend on the duties and obligations created between the parties. Generally, if no express agreement exists, an agent acting for a disclosed principal is not personally liable for the debts or obligations of the principal. If a contracting party knows the identity of the principal, the principal is deemed disclosed. However, it is not a third party's duty to seek out the identity of the principal, rather, the agent has the duty to disclose the identity of the principal.

An experienced West Palm Beach breach of warranty lawyer will advise a plaintiff that generally, an agent contracting on behalf of a disclosed principal and within the scope of his or her authority as an agent cannot be held liable for breach of an implied warranty. However, where a principal is disclosed and a third party knows the agent is acting on behalf of the principal, the agent can be held personally responsible for a breach of an implied warranty if the agent has expressly or impliedly agreed to be held liable. For instance, a purchasing agent under a contract for sale and delivery of food commodities, expressly and impliedly indicated an intent to be bound by the contracts, and was therefore, liable under Florida law for breach of such contracts. The question of whether an agent assumed liability or only acted on behalf of the principal is a question of fact to be determined by a jury.

A cause of action for breach of an implied warranty may have many complex issues. Therefore, you should consult an experienced West Palm Beach breach of warranty lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.