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Re: Mcintosh lawyer harassing me - Part 2

24.156.139.137

I think Wayne's interpretation is a bit overreaching. The requirement to disclose material information about a product generally is addressed to many eBay sales i.e. failing to disclose a fact that had the purchaser been aware of would not have purchased it or a fact the, omission of falsely increases its value. It goes to the item being sold. Think of the guy selling a Vette describing the physical condition as perfect inside and out. Even if he mentions it does not run, the failure to disclose the engine is missing is the type of omission the law was written to protect against. Error of commission are express representations such as "needs minor work" when the seller has no idea of what is wrong a set of statements that lead to a reasonable person deducing the condition of an item. Statements such as "warranty never registered", warranty card not filled in", etc. can be a material misredpresentation by inference and fall within the statutory intend if it appears to mislead a buyer to believe the product can have the original warrenty.

I do not see why you have not posted the ad since you state you now have received it. While not totally doubting you, I find that lawyers seldom misquote facts though they may take them out of context since the State Bar can receive a complaint and sanction a lawyer and 1/2 of all persons deal with dislike him(her).

If you feel strongly Wayne has overstepped his bounds, then address it to his state Bar. You should also possibly submit the ad to McIntosh with your complaint and reference to the sites that are holding these discussions and explain to them that even if in law there may be a position, it is bad marketing and you'd like something from them to eBay clearing the flag on your account and possibly an acknowledgement that the ad was not of a type that they are concerned with.

Also, for those who feel Mc is in any way in the wrong, why not address it to McIntosh directly via an email. 50 emails or so should send them to the meeting room to review this activity.

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  • Re: Mcintosh lawyer harassing me - Part 2 - Brian Levy 12:54:36 02/25/04 (5)
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