need advice, threat of being sued!

[liv4sno1]

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

I sold an item on ebay, to be picked up for $400. Paid at time of sale. The agreement the seller and i had was verbal, and for it to be picked up within 1 month. 5 months later, he wants his item. which i no longer have. he has contacted me threatening to sue for the 400 and another 800 in damages. There is no written contract, this isnt being taken care of through paypal or ebay. should i be worried?

 

[OHRoadwarrior]

It appears your contractual agreement contained no penalty for storage charges or other actions, if he failed to pick the item up in a month. I suggest you pay the man his $400 back, if you no longer have his item.

 

[sandyclaus]

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

I sold an item on ebay, to be picked up for $400. Paid at time of sale. The agreement the seller and i had was verbal, and for it to be picked up within 1 month. 5 months later, he wants his item. which i no longer have. he has contacted me threatening to sue for the 400 and another 800 in damages. There is no written contract, this isnt being taken care of through paypal or ebay. should i be worried?

You sold the item, and your buyer paid for it. You can't keep the money AND resell the item.

It doesn't matter that it was held for too long. Once you accepted payment, the item was no longer yours to keep or resell if you had no intention of giving the money back.

If the buyer sues, you should expect to pay - not for more than the purchase price, though.

 

[swalsh411]

You disposed of an item somebody else had paid for? And you think you get to keep his money?

Next time don't enter into these types of agreements.

I don't see him having any damages though.