CanI get sued over withholding information when selling a product even thoughI didn’t mislead?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption