Legal Question in Criminal Law in Louisiana

i bought what i thought was a painting from a thrift store i googled the artist and found an art dealer looking for her work. He had me media mail pictures front and back of the painting and offered $750 for it. I received a check, cashed it, and paid to have it packed and shipped to him. Now he said it is not a painting but a print not worth what he paid. I told him at first contact i know nothing about art. Now I'm being threatened with fraud charges if i don't return the money. I paid off bills and have no way to come up with thay much at one time

I live in hud housing and receive food stamps I work but support a daughter and 2 grand daughters. What can I do?


Asked on 9/08/11, 1:42 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

If you never told him that it was an original, you committed no fraud. I would do nothing. In my opinion, the buyer took a risk and lost. If you didn't lie to him, he has no case. It sounds like you told him, "Here is a photo of what I have. I don't know much about it," and he bought it sight unseen. It falls under what attorneys call "Caveat Emptor", which means "Buyer Beware". A buyer is responsible for making sure he really wants what he purchases, becase you can't just rescind a sale because you changed your mind.

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Answered on 9/09/11, 8:48 am


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