jgreen7756
Junior Member
I Placed an antique vase in a major NY auction. It did not meet its reserve-did not sell-and I took it back.
I offered it for sale on ebay,not describing it any any specific way or name, and a buyer made several offers before we mutually agreed on a price, and ended the auction prior to the ebay auction deadline. In our emailing back and forth, he asked if I had any background on it. I stated what I was told about it from the auction house that had identified it.
He came to my apartment, viewed it, and then paid for it and left.
Two months later, when he offered it for sale, he was told it was a reproduction, and demanded his money be returned in full.
I told him that his information was incorrect, and that it had been in a well know NY auction several months prior, and they would not have been selling it if they hadn't believed it to be genuine.
I offered to re-sell it for him, but he was insistant on getting his money returned.
We could not come to a mutual agreement on how to settle our differences.
I did not, at the time of sale, give him a receipt, nor did I offer a money back guaranty if the vase was not what he thought it was.
I am now being sued for knowingly selling a fraudulent piece of glass, and for breach of contract.
His lawyer feels that my email describing what I thought the vase was, is an express warranty.
What am I liable for? How can they prove I knew it wasn't real? (I don't believe its fake).What is the name of your state (only U.S. law)?
I offered it for sale on ebay,not describing it any any specific way or name, and a buyer made several offers before we mutually agreed on a price, and ended the auction prior to the ebay auction deadline. In our emailing back and forth, he asked if I had any background on it. I stated what I was told about it from the auction house that had identified it.
He came to my apartment, viewed it, and then paid for it and left.
Two months later, when he offered it for sale, he was told it was a reproduction, and demanded his money be returned in full.
I told him that his information was incorrect, and that it had been in a well know NY auction several months prior, and they would not have been selling it if they hadn't believed it to be genuine.
I offered to re-sell it for him, but he was insistant on getting his money returned.
We could not come to a mutual agreement on how to settle our differences.
I did not, at the time of sale, give him a receipt, nor did I offer a money back guaranty if the vase was not what he thought it was.
I am now being sued for knowingly selling a fraudulent piece of glass, and for breach of contract.
His lawyer feels that my email describing what I thought the vase was, is an express warranty.
What am I liable for? How can they prove I knew it wasn't real? (I don't believe its fake).What is the name of your state (only U.S. law)?