Advise needed on buyer threaten to sue me for not selling an item

[Vvwah]

What is the name of your state (only U.S. law)? VA

I posted an ad online to see room dividers for $500. Buyer ask if I will take less and I said 450. She told me to contact her if consider lower price. I ask her for her budget and she said $175. I asked her when will she pick up and she said Wednesday. I said Wednesday is fine but do you have a truck. She said no. Then she ask me to give her contact number to arrange pick up. I told her I am not selling it anymore. She then said we have agreement and I misled her and she rented a trailer already. She said she will sue me for the cost of truck and the inconvience. Will she has a case? I never agree on price. My response was just to see whether I will consider lower my price to meet her somewhere in between if she can pick up soon, and if she has a truck to take them. Advise will be greatly appreciated.

Thanks.

 

[CurrentlyUndone]

What is the name of your state (only U.S. law)? VA

I posted an ad online to see room dividers for $500. Buyer ask if I will take less and I said 450. She told me to contact her if consider lower price. I ask her for her budget and she said $175. I asked her when will she pick up and she said Wednesday. I said Wednesday is fine but do you have a truck. She said no. Then she ask me to give her contact number to arrange pick up. I told her I am not selling it anymore. She then said we have agreement and I misled her and she rented a trailer already. She said she will sue me for the cost of truck and the inconvience. Will she has a case? I never agree on price. My response was just to see whether I will consider lower my price to meet her somewhere in between if she can pick up soon, and if she has a truck to take them. Advise will be greatly appreciated.

Thanks.

Well, you did imply that the sale would go ahead if she could pick up quickly. If this goes to small claims, it could realistically go either way.

Have you actually been served yet?

 

[OHRoadwarrior]

There are elements to a contract. Offer, acceptance,consideration and a meeting of the minds. These elements are not present, therefore no contract.

 

[Vvwah]

No. Not been served. She didn't know my address but she might have my name based on my email. So I am sure she can find my address. So merely asking about when is an imply? When you buy a home, if seller say 450k and you said 175k. If seller said when can you close, you can imply she accept your price although your price is obviously too low? But I guess that's real estate so it is different?

 

[swalsh411]

Buying property is substantially different especially if there is a mortgage involved so your analogy is not good.

Did you agree to the $175 price? It doesn't sound like you did.

 

[Vvwah]

No. I did not agree to the price but she said I did because I ask her the date she can pick up and ask if she has a truck. But when I ask, I was trying to get more information before consider a counter offer to make sure she is not wasting my time either. I have experience people said yes to buying my furniture then they show up in a sedan to buy a queen size mattress and I had one that ask me to deliver.

Also she didn't mention a truck or anything till I said I do not want to sell to her. Then all of a sudden she is throwing in she rent a trailer and scheduled people to install the screens. And she will report me to Craigslist and pursue legally to get reimburse for cost and inconvience. I don't know how she has ground for a case. I also don't know if Craigslist will give her my information. So far all emails are thru craigslist. The thing is she also said she had bought material to do a DIY one but figure buying the already finished one can be a better deal.

 

[swalsh411]

Then there was no agreement on price, so no contract, and she would not prevail if she sued you. Don't worry about reporting her to Craigslist; they only care about criminal activity and sales that blatently violate their TOS. (like guns)

Frankly I wouldn't deal with this person anymore because they are likely to come to your house, lowball you again, and now they know where you live. My suggestion would be to block her email and move on.

 

[FlyingRon]

It's easy to threaten to sue.
It takes a small amount of effort to actually do so.
It's harder to prevail.

As pointed out. There appears to be no contract here. Further Virginia small claims will NOT do specific performance. They only entertain two remedies: either a monetary settlement (and there is apparently no "damage" here even if you had a contract that you broke) or return of property (in the case the defendant is holding the plaintiff's property for lack of payment or such).

Tell her you're not selling and you do not wish to communicate with her further. If she calls afterward, report it to the police.