CanI get sued over withholding information when selling a product even thoughI didn’t mislead?
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CanI get sued over withholding information when selling a product even thoughI didn’t mislead?
I sold golf clubs and said they were brand new but I put different shafts into the new clubs. The buyer is threatening to sue saying I withheld info.
Asked on February 14, 2012 under Business Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Actually, from what you write, you did mislead. The common understanding of what a "brand new" product is would be that it is all original--that is, when you buy something that is brand new, you are getting, from top to bottom, a new product that is "factory original" in all respects. It would not be considered that a club with different shafts would be brand new. (Courts, in the event of litigation, look to the common or generally accepted usage of words, unless there is a specific definition in a contact or agreement to the contrary.) Therefore, it would appear you did mispresent the clubs. Furthermore, you would have breached the agreement--even if only an oral one--made between you and the buyer: he agreed to buy and pay for "brand new" clubs, but you sold him ones which were not brand new. Both the misrepresentaton and the breach of contract would provide grounds for a lawsuit.
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