Do I have any rights if I sold someone an instrument that I thought was a reproduction but when he handed me the money he told me it was an original and worth 100x what he paid me?

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Do I have any rights if I sold someone an instrument that I thought was a reproduction but when he handed me the money he told me it was an original and worth 100x what he paid me?

Can I get it back?

Asked on February 7, 2013 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, unfortunately you cannot rescind (undo) the sale unless it is the case that the buyer committed fraud: that is, prior to you agreeing to sell the intrustrument to him, he intentionally lied by telling you (when he knew better) that he, too, though it was a reproduction, in order to get you to agree to sell it to him for the low price. Fraud allows a sale to be rescinded, but a simple (even if expensive) mistake made by one of the parties (e.g. the seller) does not.


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