What is "ethical" disclosure when selling?

[shaneadams90]

When you selling your next truck

I bought a new to me USED truck a few years ago....you and the rest of the line will be out of luck as this one will probably go to my son now that he is of age....that will still be a few years down the line though....

 

[gh1950]

The old standard in the pre_Snowflake era of approx. 900 years of common law, was the availability of equal access to information.

If you have unique information which is not readily available to the buyer, then you should disclose it. If you are selling a vehicle and are not willing to let a potential buyer take it to his mechanic for inspection, then, yes, you should be liable for all the warts and scabs. Likewise, if you are selling a gun, and don't let the buyer take it to a range, then, yes, you are responsible for any issues.

On the other hand, and this is where the snowflakes come in, if the snowflakes can thoroughly inspect the item, and have it checked out, but decline to do so, then the seller is off the hook. Unfortunately, the trend is to provide a cocoon around the snowflakes, so that they are not responsible for their own actions because it's always some one else fault -because they are too smart to make mistakes.

 

[Boz1911]

Sleep at night, that's what disclosure means to me

 

[palmettomoon]

When buying? Caveat emptor. I will disclose any known flaws when selling. There's already enough douche bags out in the world for folks to trade with.

 

[GeauxLSU]

The thread on suing pharma companies got me thinking...

What duty does one have to the buyer when selling? How much information is to be given? Is it all Caveat Emptor? Do you forget to mention that while it was LNIB, there were just a couple FTF's?

We know when we are buying from a used car salesman that we may not be getting the whole story, but why do we believe it of other salesmen?

What about when an agent for you has an asymmetry of information? Like when you go to the doctor or hire a builder or a real estate agent? They are supposed to be acting in your best interest, but they often have their own interests to consider.

Why do people treat transactions within a group (ODT?) differently than when transacting with others outside their group (Armslist?). E.g., Jews have different laws for transactions with other Jews versus with Gentiles.

An interesting historical perspective:

Why Each One Should Eat His Own Turtles
https://medium.com/incerto/why-each-one-should-eat-his-own-turtles-revised-8a4be2f11e61

"So to the question voiced by Cicero in the debate between the two ancient stoics , “If a man knowingly offers for sale wine that is spoiling, ought he to tell his customers?” , the world is getting closer to Diogenes position of transparency, not necessarily via regulations as much as thanks to tort laws, one’s ability to sue for harm in the event the seller deceived him or her. Recall that tort laws put some skin in the game back into the seller –which is why they are reviled, hated by corporations. But tort laws have side effects –they should only be used in a nonnaive way, that is, in a way they cannot be gamed. As we will see in the discussion of the visit to the doctor, they will be gamed."

I'm not in favor of having to dream up every conceivable idiotic thing a buyer can do and warn them about it. If you are stupid enough to put the cup of hot coffee in your crotch and drive away, that's on you.
Re: guns, I've only sold a handful. Only one had a problem. I disclosed it in full. Buyer never could replicate the problem. We were both happy. Regarding general sales, I tend to over disclose. Sleep is easier.
But back to tort, it is not the seller's responsibility to protect idiots from themselves. The world will ALWAYS build a better idiot.

 

[StuP]

AS a seller it's right to disclose any relevant information you have, as a buyer, you're responsible for the evaluation of the item you're buying.

 

[Just1more]

If you acquire a gun and something happens to it while in your possession...don't blame the previous owner or the previous previous owner or the previous previous previous owner etc.

 

[timbgtm]

My conscious wouldn't allow me to sail someone a damaged, unsafe, or just outright lie about the firearms condition!

 

[Hayata]

When I read an ad that says something along the lines of "I've never shot it" it was in a way releasing the seller from any liability of any issues the gun may have. Deniability. I didn't know it wouldn't eject/feed/etc.

 

[BIGLEW]

Once, many, many years ago, I bought a pistol from @STONEWALL. I had worked a night shift the night before and did not sleep that day. I accidentally handed him too much cash for the gun. His wife was counting it and they gave me the money back. I was very appreciative.

This past weekend, I was able to return the favor when I sold a gun to a member and he handed me $50 too much. It felt good to actually be put into a situation like that, and do what I believe to be the right thing.

All that said, I try to be as forthcoming on any deal I am involved in. Do I miss things? Yep. But I try not to and if I do I try to make it right.