Legal Question in Technology Law in Georgia

Listing Classified Items to Buy and Sell on a WebForum

Hello, I had a question that I hope perhaps someone might be able to help me with.

I've been to a webforum before where various members are allowed to visit a specified ''Marketplace'' section where members have posted various ''Looking to Sell'' and ''Looking to Buy'' topics. The idea is that if two members reach an agreement for a trade or transaction, that they contact one another privately and arrange the details of the sale. Something similar to a Craig's List type of operation.

I wanted to take this idea and possibly open up my own classifieds marketplace section on my own forum with a disclaimer stating the following information:

Our Site and forum are in no way responsible or liable for any marketplace transactions between members. Members who choose to negotiate a transaction must do so on their own accord and either by private message or email. It is advised that you establish some sort of trust between any members you intend to have a transaction with before commencing with a transaction.

And then list various items that cannot be, or would be illegal to have listed...

Would a disclaimer message be enough in order to protect us legally from a lawsuit or monetary responsibility.

Thanks for your time!


Asked on 1/02/09, 6:28 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Listing Classified Items to Buy and Sell on a WebForum

Not necessarily. It depends on what state laws apply to the use of the website, where the disclaimer is placed, how the user sees/agrees to the disclaimer, etc. Have a local attorney draft a comprehensive set of Terms of Use and a disclaimer.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 1/07/09, 2:38 pm


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