Legal Question in Consumer Law in Alabama
hello,my name is Ray. I live in Hawaii,but recently i went to Alabama to do some bussiness. I purchased some material (copper wire) from gov.surplus/gov.liquidation. I went to alabama and picked it up at an army base there.then i found the highest price buyer and sold it to them. (scrap yard) now it's been a week and a half,and i get a phone call from the scrap yard saying that it's not what they thought it was and want me to come back and pick it up and give them the money back. one of the gentlemen that i had talked to,had mentioned that the owner was going to file a report. (theft by deception ?) what do i need to do? thank you Ray.
1 Answer from Attorneys
Tell them that you sold it to them in good faith, that they had an opportunity to inspect it, that they took possession of it and you have no further obligations to them. You purchased it in good faith, sold it in good faith, they are in the business of buying and selling scrap metal and they should know what they are buying. Theft by deception requires specific intent to deceive and you obviously did not have it. This is at best a contractual dispute, not a criminal matter. In my book they bought it and now they will have to sell it to recoup their investment.
Please note that this does not constitute legal advice as I am not privy to all of the facts. This is simply an opinion based upon what you have told me.
www.NolanElderLaw.com
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