Is it a crime to sell a piece of heavy machinery and misrepresent the hours along with changing the tires to lesser quality before shipping to a customer
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Is it a crime to sell a piece of heavy machinery and misrepresent the hours along with changing the tires to lesser quality before shipping to a customer
I’m an equipment broker in TX and put buyers and sellers together. A seller in TX sold a machine through my company to a buyer in CT. He advertised it as having 2600 hours and 4 good tires and rims. After being paid, he removed the rear tires and rims and installed replacements of lesser quality that did not match the originals. Plus, once the machine arrived, it was discovered that the hours were actually 12,600 hours. The machine shipped from IL to CT. My company is in TX and the funds moved through my bank and on to the Seller. The buyer has cried foul and demands his money back and to return the machine. Has the seller committed any criminal offense that can help him be persuaded to return the money and take the machine back?
Asked on February 1, 2017 under Business Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The seller is liable for fraud which is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce (buyer's) reliance upon which the buyer justifiably relied to his/her detriment.
In other words, the buyer would not have purchased the machine had the buyer known the true facts.
Fraud is both civil (lawsuit) and criminal.
Considering the seller's track record in this matter, it is unlikely the seller can be trusted to "reimburse" after the machine has been returned. Also, the buyer should not be paying the freight for the return after having paid for the original delivery.
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