If a sales representative sells a product and or service that they know is defective or know their company cant or won't support, does the sales representative have any liability?
Answer
It depends. The better case is against the company for which the sales representative works. Texas law has a deceptive trade practices act that would cover this behavior. But, unless the sales representative acted outside the scope of his or her job (which it does not sound like), the cause of action is most likely against the company, not the sales representative directly.
Good Luck.
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