Buyer Beware?

[jwmmac]

What is the name of your state? Virginia

I recently advertised a used entertainment center for sale in a newspaper. A man called and e-mailed and eventually came and looked at the piece. He measured and photographed the piece and said he would bring wife to look at it. They eventually returned and he purchased the unit and took it to his house. He called the next day and said his TV would not fit in the unit. He said our ad was not accurate and said a 44" TV would fit. He has a 36" TV and does not fit. In fact our ad may have been poorly worded due to the fact that we incorrectly measure our TV that we previously had in the unit, but he came, measured and photographed the unit before bringing it home. Is he entitled to his money back? I told him sorry, but I would not refund his money since he bought it. We had no oral or written agreements or guarantees on the unit and was as is. Please respond. Thanks..Quiznoss.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Virginia

I recently advertised a used entertainment center for sale in a newspaper. A man called and e-mailed and eventually came and looked at the piece. He measured and photographed the piece and said he would bring wife to look at it. They eventually returned and he purchased the unit and took it to his house. He called the next day and said his TV would not fit in the unit. He said our ad was not accurate and said a 44" TV would fit. He has a 36" TV and does not fit. In fact our ad may have been poorly worded due to the fact that we incorrectly measure our TV that we previously had in the unit, but he came, measured and photographed the unit before bringing it home. Is he entitled to his money back? I told him sorry, but I would not refund his money since he bought it. We had no oral or written agreements or guarantees on the unit and was as is. Please respond. Thanks..Quiznoss.

My response:

In this particular instance, you're on the hook.

You said, "We had no oral or written agreements".

Wrong. You did. You had a written "offer" in the form of an ad. His payment to you completed that written contract.

Since your ad was wrong, and since you are the one held to the accuracy of the ad, just as if you had personally written it, there's no mistaking that the "consideration" for the contract has failed; i.e., that his t.v. won't fit, and that there was a "mutual mistake."

Also, in this instance, whether or not he "measured and took pictures" is irrelevant. What is relevant is the fact that he relied on your ad to his detriment. There is no "caveat emptor" when the ad was misleading. He can rely on your written words, and a court would decide that you must return the money.

IAAL