Can I be sued for defamatory comments

Asked about 1 year ago - Waldorf, MD

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.

Additional information

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.

Attorney answers (3)

  1. Bennett James Wills

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . 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... more
  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . 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... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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