Is it considered libel if I post negative feedback for a seller stating undisclosed issues with a vehicle I purchased from them?
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Is it considered libel if I post negative feedback for a seller stating undisclosed issues with a vehicle I purchased from them?
I purchased a vehicle through an on-line sales/auction site and upon delivery of the vehicle, I discovered several undisclosed issues. I have supporting documentation (dealership inspection report) of these issues. I left negative feedback stating, verbatim, “Undisclosed Issues-A/C inop, conv top repl incorrect, engine smokes…$1500+to fix.” I was then contacted by the seller, who sent an irate message containing profanity, 2 messages demanding contact info, and a message stating he was suing me for “slander” giving me his attorney name (located in AK where the vehicle was registered). Does he have a case?
Asked on July 19, 2011 under Personal Injury, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Slander is a form of defamation. Defamation is the public making (so posting on a website qualifies!) of an untrue statement of fact which damages another's reputation. An opinion is not defamation--writing "John Doe is the worst seller I've ever dealt with, and I recommend not doing business with him" is not defamation. And a provable true statement is not defamation, either--though even if it turns out to not be defamation and you would win if sued, it is almost impossible to prevent someone from at least instigating a lawsuit against you and forcing you to defend. If you can document and prove everything your wrote, therefore, you would have a good defense to defamation--but it's still possible he could at least sue and make you spend money (and no lawsuit is ever certain; even with what seems like great documentation, it is possible to lose). You may wish to consider whether you could settle by agreeing he'll not take action if your retract or remove the comments; if you come to an agreement, make sure it's in writing.
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