united-states
At what point does a shady business practice become criminal fraud?
<p>I recently bought a house which required getting oil service started for it. The oil company I called (which had already been servicing the house previously) insisted on inspecting the oil tank first. The man who came told me that the tank was unsound and had to be replaced and refused to deliver oil to me unless I replaced the tank. Replacing that type of tank would cost about $2500.</p>

<p>I had already had a specialist inspect the heating system when I bought the house, so I knew what he was telling me was false and designed to trick a naive homeowner into unnecessarily buying a new oil tank.</p>

<p>Is something like this just a shady business practice or does it cross the line into criminal fraud?</p>

<p>It isn't fraud because you didn't believe the lie and act on it. It might be attempted fraud, or a violation of the relevant code of professional practice. Those vary from state to state. It is likely that there is a licensing board for firms offering to do such work, or consumer protection agency in your state or locality, to which you could report this action. They would know exactly what crime, if any such a false statement constitutes. They might also be able to take action to revoke the relevant license, although probably only if there is a pattern of such violations.</p>

<p>Had you replaced the tank and later discovered the lie, you could sue for fraud. But since you wern't harmed in fact, you have no damages to sue for.</p>
