Sold an iPhone on Craigslist consumer says they will sue. Help

[Guerda68]

What is the name of your state (only U.S. law)? Florida
A couple of weeks ago I needed to make some money so I decided to sell an extra iPhone that was gifted to me by a friend. I never personally used this iPhone and it was pre owned. I posted it on Craigslist to my most knowledgeable details and approximately 5 days later received a text message for further information about the phone. The initial offer was $150 but since it was an iPhone 4s and I really needed the money we negotiated the price to $135. I met the couple with one of my friends they checked out the iPhone and were satisfied. A couple hours later they texted me and informed me that the phone was not actually an iPhone 4s but was an iPhone 4.
I informed them that to my knowledge it was a 4s and I did not intentionally sell it knowingly. Initially I was going to meet up at some undisclosed time later to negotiate on what we would do to make the situation right but it left for the holidays and of course I spent the money but still had intentions to settle the situation until I began to receive threatening emails and text messages that they want their whole refund or they will sue! I am simply a college student and I can't afford any of this. Can someone help?

 

[quincy]

What is the name of your state (only U.S. law)? Florida
A couple of weeks ago I needed to make some money so I decided to sell an extra iPhone that was gifted to me by a friend. I never personally used this iPhone and it was pre owned. I posted it on Craigslist to my most knowledgeable details and approximately 5 days later received a text message for further information about the phone. The initial offer was $150 but since it was an iPhone 4s and I really needed the money we negotiated the price to $135. I met the couple with one of my friends they checked out the iPhone and were satisfied. A couple hours later they texted me and informed me that the phone was not actually an iPhone 4s but was an iPhone 4.
I informed them that to my knowledge it was a 4s and I did not intentionally sell it knowingly. Initially I was going to meet up at some undisclosed time later to negotiate on what we would do to make the situation right but it left for the holidays and of course I spent the money but still had intentions to settle the situation until I began to receive threatening emails and text messages that they want their whole refund or they will sue! I am simply a college student and I can't afford any of this. Can someone help?

I am not sure with what you need help.

You sold an iPhone, describing it as a 4s and it was an iPhone4. It is hard to tell the difference between the phones from appearance alone, so the purchasers might naturally have relied on your advertisement and your word when they made the purchase. Inspection of the phone, in other words, may not have told the couple what they needed to know if they did not have model numbers available which distinguish the phones.

There are enough differences internally and in operation, though, that this can be of legitimate importance to a purchaser when making a decision to buy.

The $135 price is not an unrealistic price for either iPhone but you should probably offer the purchasers a refund upon their return of the phone to you, if you do not want to be sued. Make sure you get the phone back, though.

Whether the couple will actually take the time and trouble to sue you over a relatively small amount of money is something I can't tell you. But they could.

 

[OHRoadwarrior]

Excellent answer Quincy.

 

[quincy]

Thank you, OHR. I like your response, too.

 

[justalayman]

At the moment they simply want to rescind the contract due to a mutual mistake of fact. Nothing inappropriate about that so refnd the money, all of it, and be done with it. Should they sue I would bet they will win. It's your choice; you can do it the easy way or the hard way.