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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114797
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
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hi my brother purchased a fake Gibson guitar from china & resold

Customer Question

hi my brother purchased a fake Gibson guitar from china & resold it online, the guy he sold it to wants his money back or is threatening to file a police report.
my brother didn't tell him it was real nor fake, he didn't post it as a real name guitar online, & when the guy came to our house to pick it up he looked at it himself & bought it but we never told him it was a real Gibson guitar. my brother posted it online as guitar & all sales final, what can we do?
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
If your brother knew it was not an original and the outward appearance of the guitar presented itself as a Gibson, then your brother committed fraud/misrepresentation by failing to disclose it was not an original. If he is sued he can be held liable and also it is possible that the police could charge him with theft by fraud for taking money for an item that was not what it appeared to be.


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Customer: replied 6 years ago.
so if he knew it was fake, & sold it without claiming it was real is still a fellony & he should give the guy his money back?
Expert:  Law Educator, Esq. replied 6 years ago.
Yes it is still a crime because he knew it was a fake and failed to disclose it and from looking at it the item presented itself as the real thing. Yes, he should settle this with the buyer and get the guitar back and if he decides to sell it again, you should make sure he advertises it as a copy and not an original.