Posted By:
MattDavid - "intentionally choses to not tell this fact to potential buyers."
I don't know how you could possibly prove intentional omission. If someone posts something on Craig's List with no description and it turns out to be fake, are you suggesting the seller is obligated to return the money? If that is the law, I don't know how the judge could make that judgment.
This case is noticeably different as it could be argued that the seller used misleading language.