¹620.635  Partner by estoppel.--

(1)  When a person represents himself or herself, or consents to another representing him or her, to anyone as a partner in an existing partnership or with one or more persons not actual partners by words spoken or written or by conduct, he or she is liable to any person to whom the representation has been made who has given credit on the faith of the representation to the actual or apparent partnership, and if he or she has made the representation or consented to its being made in a public manner, he or she is liable to the person, whether the representation has or has not been made or communicated to the person giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made.

(a)  When a partnership liability results, he or she is liable as though he or she were an actual member of the partnership.

(b)  When no partnership liability results, he or she is liable jointly with the other persons, if any, so consenting to the contract or representation as to incur liability; otherwise he or she is liable separately.

(2)  When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he or she is an agent of the persons consenting to the representation to bind them to the same extent and in the same manner as though he or she were a partner with respect to persons who rely upon the representation. When all members of the existing partnership consent to the representation, a partnership act or obligation results; but otherwise it is the joint act or obligation of the person acting and the persons consenting to the representation.

History.--s. 16, ch. 72-108; s. 25, ch. 95-242; s. 147, ch. 97-102.