Legal Question in Consumer Law in California
Misrepresentation in online auction descriptions
If a seller unintentionally misrepresents an item in an online auction description, does this constitute as fraud?
For example, suppose an amateur seller believes he has a Picasso painting and describes it as such in the auction description. He has no intention to deceive buyers; he is simply ingnorant of the painting's provenance. If the painting is actually a forgery, could the auction be considered ''fraudulent'', or is it something else, like a breach of express warranty?
Asked on 7/30/02, 9:56 pm
1 Answer from Attorneys
Alvin Tenner
Law Office of Alvin G. Tenner
Re: Misrepresentation in online auction descriptions
An unintentional misrepresentation is not fraud. However, not knowing what is a genuine Picasso is going to be hard. Just return the money.
Answered on 7/31/02, 4:58 pm
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