Can a wholesale business sell you merchandise that is expired without stating that it is?

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Can a wholesale business sell you merchandise that is expired without stating that it is?

I purchased $14,000 worth of tanning lotion from a wholesale distributor with

intentions to resell. I have posted it online and sold some items however I keep

getting requests for refunds saying the lotion is no good. To my surprise after looking into it further I realized the distributor sold me expired lotion. It has been expired for years. When it was advertised on their website for sale it said nothing about being expired. I have spent my entire savings on this as I am a single disabled mother of 2. What are my rights in regards to this? I have tried contacting the distributor 2x but have not had a reply back.

Asked on September 28, 2016 under Business Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the wholesale business/distributor for fraud.
Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have purchased the lotion, had you known that it was past its expiration date.


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