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craigslist sale

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ballhog

Junior Member
What is the name of your state (only U.S. law)? OR

Help. We posted an item on craigslist for 100$. We had some one respond and wanted to buy it. They sent thier husband over to buy it and he did and left. Later the next day they called us up and wanted thier money back because they say that the item was not in the condition that they thought and that they wanted thier money back. We showed them compairable items that cost more than what we had sold and said no. The persisted to ask for a unwaind of the sale. 1 month later, which is Today they sent and email and said that they were going to take us to court over it. Do they have any kind of case? please help!
thanks
 


tranquility

Senior Member
Probably not. I'm thinking, unless the problem was intentionally misrepresented, (As in the old days of sawdust in the transmission.) the sale was as is. Caveat emptor and all that.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? OR

Help. We posted an item on craigslist for 100$. We had some one respond and wanted to buy it. They sent thier husband over to buy it and he did and left. Later the next day they called us up and wanted thier money back because they say that the item was not in the condition that they thought and that they wanted thier money back. We showed them compairable items that cost more than what we had sold and said no. The persisted to ask for a unwaind of the sale. 1 month later, which is Today they sent and email and said that they were going to take us to court over it. Do they have any kind of case? please help!
thanks

The only way they might have a case is if you intentionally misrepresented the condition of the item. That can be a difficult burden for them to prove if there is no convincing evidence.

Did you state a specific condition in your ad? Even if you did, some wording can be very subjective. What one person claims is "great condition" could be only "fair" to another. However, if you claimed it worked, and the buyer found it nonfunctional, that could be a problem.

In any event, unless you provided some sort of guarantee or warranty of fitness for a specific purpose, these types of used item sales are generally considered to be "AS IS". The buyer takes the item as they find it, with any inherent defects. For that reason, the buyer has the responsibility of thoroughly inspecting the item before buying, and even having an expert look it over to assess condition and functionality. If they don't take the time or make the effort to do so, then it's "buyer beware" with little possible recourse. If the item isn't in the condition they thought it was, it becomes the buyer's problem to deal with.

I wouldn't worry about it. They may be threatening to sue just to try to scare you into rescinding the sale. If you don't give in (and IMHO, you have no reason to), they may or may not follow through with the threat. Even if they do sue, you seem to be in a good position to defeat them.
 

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