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Originally Posted by David R
Thankfully I don't believe the law shares or recognizes that definition of deception when it comes to third-party business transactions. I think it would really create a lot of mischief (and lawsuits) if that were the law. For example, what if I later decided to destroy the other 9 Wagners after selling the first one? Would it still have been deceptive to not disclose I had the other 9 when I sold the first one? What if I decided to keep the other 9? Do I have to disclose when I sell the first one that I have 9 more that I plan to keep until I die? And if so, do I also have to disclose at that point what my life expectancy is so that the potential buyers can figure out when these 9 are likely to hit the market (i.e, when I will likely die and my family will sell them)? Where does the duty to disclose end?
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David most issues are decided on a case by case basis, with regard to all the facts and circumstances. Why should this one be any different? Of course hard and fast rules are easier to enforce, but they also lead to unjust results. In any event, I am really talking more about ethics than law here, I think it's very easy to see why withholding information about your other 9 presumably intact Wagners is deceptive.