The ABA Journal reports that a Massachusetts judge faces larceny charges after she misrepresented an item listed and sold through the popular online classifieds craigslist.com. The judge told the buyer that her item, a kids playset, was in good working order and a complete set. The buyer discovered afterwards that those claims were false. When the buyer attempted to return the set, the judge claimed she was not a store and would not accept the set back and that the item was being sold "as is."
While the general rule is caveat emptor, or let the buyer beware, sellers may not intentionally misrepresent items for sale or omit to tell the buyer material facts not easily discoverable or those that the seller has taken steps to conceal. Speculating on Massachusetts law is inappropriate, but in general, the burdens in a criminal case far outweigh the standard in a civil action.
Nair Law can help sellers be clear about terms in any sale up front and to ensure to disclose all facts material to the sale, including any required by law. This minimizes exposure during sales and saves money up front.
Nair Law can help buyers if they have been intentionally deceived or if the seller has failed to disclose material facts. If the seller has concealed a defect or there are other issues with your transaction, Nair Law can help you determine your best strategy.
Nair Law can help sellers be clear about terms in any sale up front and to ensure to disclose all facts material to the sale, including any required by law. This minimizes exposure during sales and saves money up front.
Nair Law can help buyers if they have been intentionally deceived or if the seller has failed to disclose material facts. If the seller has concealed a defect or there are other issues with your transaction, Nair Law can help you determine your best strategy.
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