There is a lady that I purchased 2 rabbits from, she told me they were same sex. We just found out that they are not same sex and we could possibly have baby bunnies on the way now. She also sent a birth certificate (made online a generic form, stating the babies were brothers, born from the same litter, and to a certain set of parents) she sent me this 2 days after I purchased the bunnies. Now when I ask her who the parents are she has sent me a message with a photo and names of 2 other rabbits. I posted on a public form warning people about her, and what she did to me. I never once said her name...someone else did. She was going to send me a refund but now says that I will not receive it unless I sign a release that states I posted defamatory statements and I will not do again.
I told her that I did not post any defamatory statements about her because everything I posted I have documentation to back up..I also told her I would not be signing this form because the only thing it states she did wrong was sexing the rabbits and it is more geared towards me not talking about her or her business.
This is not a prenuptial question, so I changed the topic to defamation and breach of contract.
Truth is always an absolute defense to defamation, so it's likely that if what you're saying is true, she has no claim. It also sounds as if she might have breached your agreement to purchase the rabbits and possibly defrauded you in the process.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
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Contracts / Agreements Lawyer
Factual statements and truth can act as a defense to defamation. She can sue you, but unless she's been economically damaged in any way, she will not have a strong claim. I would not worry about what you posted on the internet as long as it was factual in nature. The release seems a bit odd, if that's what it takes to get a refund you might as well sign it. You get your money back and you never have to transact business with her again. Seems like a win to me. But you should probably have someone read over the release if you're uncertain about it's terms and how they apply to any legal rights you may be giving up.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
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Can she sue you? Yes. ANyone can sue anyone for anything.
Will she win? Likely not--the truth is a defense to such a suit.
Is the likely to bring suit? Probably not. Many threaten suits--most never follow thru: frequently because they realize they have a losing case.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
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