LLC

Two men claimed to have formed an LLC and then entered a contract to purchase land under the name of the lLC. They did not show up for closing and lost half of their deposit. They are now suing the Realtor. Can they do this as individuals since the contract was in the name of the LLC, which was never formed.

Answer

It sounds like the contract was formed, but that the LLC did not perform on its end of the bargain.

If the LLC has a cause of action against the Realtor, they can certainly bring it.

When it comes to litigation, you need to see a licensed attorney in your state, who can examine the lawsuit filed and determine precisely what issues are raised (and what defenses apply).