What is the name of your state (only U.S. law)? Virginia
Dear friends:
I request legal guidance in my situation that will be quite helpful:
I had advertised a brand new camera to sell on Craigs list. This I had purchased from an online site and decided to sell it instead of using it. I had not opened it at all. Though its box didn't have any seal as the electronic boxes are coming these days which is kind of not good. I advertised it on Craigs list as a "Brand New" camera and this prospective buyer was interested in it. She mentioned that she had the very same model and that got stollen and she liked it very much. She was coming to pick it up and I assumed that she had agreed on my asking price as she didn't negotiate price prior to coming. When she showed up she mentioned that she though she had the full asking price but found that she had $20 short. I mentioned to her that she could pick up the remaining from an ATM very close to my house on which she asked me if I could just sell it for $20 less. I thought about it and then agreed to sell it. She didn't open the box to inspect it and just paid me and took the camera with her.
When I got up next morning, I saw an email from her that she found a small empty case which she claimed that it seemed to be an empty case for the memory card. I looked at my ad which had listed the contents of the box (which were listed on the back of the camera box) and found that there was an empty battery carrying case included in the box so I mentioned to her that it was supposedly that case (there was no memory included with the camera). However she maintained that she had that case and also an empty memory card case also which prompted her to think that this box was opened and the camery was not Brand new camera. I emailed her, sweared to her that the camera was brand new as I received from the online store and that I had never opened the camera box or used the camera at all. Also, I suggested to her that sometimes the vendor misses putting somthing in the box for which they allow for the customer to call and will send the missing item at no cost. Similarly, they may have mistakenly had this empty memory case as a human error. But she has just got this suspicion that the camera is not brand new and wanted me to take it back and give her money back.
All our correspondence has been via email at this point. I asked her about how she found the camera and whether it was packed as factory packed on which she mentioned that the camera was in its sleeve but it was not sealed in the sleeve and she mentioned that the camera seemed to be opened as well which she mentioned "voilated the terms of my advertisement which stated that the camera was Brand New". But I have seen that electronic items are generally wrapped in a sleeve and many a times they are not sealed but just wrapped. As I had not opened the box, I am sure that the camera was factory wrapped and brand new as I received it from the online site. I mentioned to her that she should have checked the contents of the camera at the time she came to pick it up and also that I don't have a return policy and that if I took the camera back and refunded her the cost money, I will be at a loss as I will not be able to advertise this camera back on Craigs List as "Brand New" and the used price is usually almost half of the new camera's price!
I have maintained that I sold her Now this lady is threatening me that she is going to go to the small claims court (in Virginia) and mentioned that it will be my burden to bear all costs which will be $36 to file a case and $12 to serve me the notice. She also claimed that she knows the law and that I will have to burden to prove that my product was brand new. My main point to her was that she had full rights to inspect the contents of the camera which she decided not to and now, she doesn't trust me on my claim that it was a brand new camera. Similarly I don't trust her that she will bring the same camera to court that I sold her. How can she prove that the camera she brings to the court was the one I sold her?
My question is I am looking for legal advice on my situation and to get an idea whether I have a strong case that may go in my favor or she has upper hand? She hasn't claimed that the camera was used or defective and just stuck with saying that this sale violated my ad that said it was Brand New but because she found an empty memory case, she thinks it is not brand new. I even asked her that it looks like she may have just changed her mind and wants her money back with this lame excuse for which she agreed (in email) that she just wants her money back even though if she checked the camera, she will find that it is in fact Brand New! But she is just looking to get refund which I don't agree to as I can't relist this item again as Brand New and will lose money if I list it as used now!
Please help me make a decision as to what will be my best option to move forward. Should I let her move forward with the small claims case which she said she will file on Tuesday (11/23/2010) if I don't refund her money back. My other option may be to offer her to refund her full money minus 30% as I will lose money not been able to relist this as "Brand New". Please help. Thanks.
What is the name of your state (only U.S. law)? Virginia
Dear friends:
I request legal guidance in my situation that will be quite helpful:
I had advertised a brand new camera to sell on Craigs list. This I had purchased from an online site and decided to sell it instead of using it. I had not opened it at all. Though its box didn't have any seal as the electronic boxes are coming these days which is kind of not good. I advertised it on Craigs list as a "Brand New" camera and this prospective buyer was interested in it. She mentioned that she had the very same model and that got stollen and she liked it very much. She was coming to pick it up and I assumed that she had agreed on my asking price as she didn't negotiate price prior to coming. When she showed up she mentioned that she though she had the full asking price but found that she had $20 short. I mentioned to her that she could pick up the remaining from an ATM very close to my house on which she asked me if I could just sell it for $20 less. I thought about it and then agreed to sell it. She didn't open the box to inspect it and just paid me and took the camera with her.
When I got up next morning, I saw an email from her that she found a small empty case which she claimed that it seemed to be an empty case for the memory card. I looked at my ad which had listed the contents of the box (which were listed on the back of the camera box) and found that there was an empty battery carrying case included in the box so I mentioned to her that it was supposedly that case (there was no memory included with the camera). However she maintained that she had that case and also an empty memory card case also which prompted her to think that this box was opened and the camery was not Brand new camera. I emailed her, sweared to her that the camera was brand new as I received from the online store and that I had never opened the camera box or used the camera at all. Also, I suggested to her that sometimes the vendor misses putting somthing in the box for which they allow for the customer to call and will send the missing item at no cost. Similarly, they may have mistakenly had this empty memory case as a human error. But she has just got this suspicion that the camera is not brand new and wanted me to take it back and give her money back.
All our correspondence has been via email at this point. I asked her about how she found the camera and whether it was packed as factory packed on which she mentioned that the camera was in its sleeve but it was not sealed in the sleeve and she mentioned that the camera seemed to be opened as well which she mentioned "voilated the terms of my advertisement which stated that the camera was Brand New". But I have seen that electronic items are generally wrapped in a sleeve and many a times they are not sealed but just wrapped. As I had not opened the box, I am sure that the camera was factory wrapped and brand new as I received it from the online site. I mentioned to her that she should have checked the contents of the camera at the time she came to pick it up and also that I don't have a return policy and that if I took the camera back and refunded her the cost money, I will be at a loss as I will not be able to advertise this camera back on Craigs List as "Brand New" and the used price is usually almost half of the new camera's price!
I have maintained that I sold her Now this lady is threatening me that she is going to go to the small claims court (in Virginia) and mentioned that it will be my burden to bear all costs which will be $36 to file a case and $12 to serve me the notice. She also claimed that she knows the law and that I will have to burden to prove that my product was brand new. My main point to her was that she had full rights to inspect the contents of the camera which she decided not to and now, she doesn't trust me on my claim that it was a brand new camera. Similarly I don't trust her that she will bring the same camera to court that I sold her. How can she prove that the camera she brings to the court was the one I sold her?
My question is I am looking for legal advice on my situation and to get an idea whether I have a strong case that may go in my favor or she has upper hand? She hasn't claimed that the camera was used or defective and just stuck with saying that this sale violated my ad that said it was Brand New but because she found an empty memory case, she thinks it is not brand new. I even asked her that it looks like she may have just changed her mind and wants her money back with this lame excuse for which she agreed (in email) that she just wants her money back even though if she checked the camera, she will find that it is in fact Brand New! But she is just looking to get refund which I don't agree to as I can't relist this item again as Brand New and will lose money if I list it as used now!
Please help me make a decision as to what will be my best option to move forward. Should I let her move forward with the small claims case which she said she will file on Tuesday (11/23/2010) if I don't refund her money back. My other option may be to offer her to refund her full money minus 30% as I will lose money not been able to relist this as "Brand New". Please help. Thanks.
What is the name of your state (only U.S. law)? Virginia
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