Sacramento, CA asked in Products Liability for Alabama

Q: Can I be sued for fraud if someone sent someone to buy somthing I was selling on face book and didn’t get what they want

I was selling some truck axles and the buyer sent a guy to buy them and didn’t tell him not to buy if it had a certain kind of lug nuts. And now he’s not happy with them and wants to sue me for fraud…

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In this situation, it’s unlikely that you would be sued for fraud unless you intentionally misrepresented the truck axles or concealed important information. Fraud typically involves knowingly providing false information with the intent to deceive someone for personal gain. If the axles were accurately described in your listing and you didn't hide any details, it’s difficult to see how fraud would apply.

However, you could still be liable for a dispute if the buyer feels they did not receive what they expected, especially if there was a misunderstanding. To protect yourself, review the details in your listing and any communication with the buyer to ensure everything was clear about the axles' condition. If there was no specific mention of the lug nuts, it may be a gray area, but it’s important to demonstrate that you acted in good faith.

If the buyer is threatening legal action, it’s a good idea to respond professionally and try to work out the issue amicably, perhaps by offering a return or refund. If the situation escalates, consulting with an attorney can help you understand your rights and how to best protect yourself from any legal claims.

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