Craiglist buyer threatens to sue for "unsafe" bike

[sdu96]

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

So I sold a bike to a guy i met on craiglist for 80$. It is a fixie, as in the wheel if fixed to the cranks so it moves with your legs, with a FRONT break. He said it was fine and he would take it. The next day he said he was riding the bike and a car almost hit him because there was quote, "No back break, and no pedal break". Now he is threatening to sue me because of what happened. I have an email in which I told him of all the bikes faults and he said it was ok and he would take it.

In conclusion he says he will take legal action because he thinks I just tried to "unload an unsafe bike and try to get away with it, and ignore me".

Does he have a case or no? Because I felt that fixie was as safe as it gets because I own many fixies and NONE of them have breaks.

Thanks for looking at this!

 

[Proserpina]

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

So I sold a bike to a guy i met on craiglist for 80$. It is a fixie, as in the wheel if fixed to the cranks so it moves with your legs, with a FRONT break. He said it was fine and he would take it. The next day he said he was riding the bike and a car almost hit him because there was quote, "No back break, and no pedal break". Now he is threatening to sue me because of what happened. I have an email in which I told him of all the bikes faults and he said it was ok and he would take it.

In conclusion he says he will take legal action because he thinks I just tried to "unload an unsafe bike and try to get away with it, and ignore me".

Does he have a case or no? Because I felt that fixie was as safe as it gets because I own many fixies and NONE of them have breaks.

Thanks for looking at this!

Ignore his contact. Or, tell him to enjoy his bike.

 

[sdu96]

Ignore his contact. Or, tell him to enjoy his bike.

So he has no case? And can you explain to me so i have a better understanding of why?
Thanks!
and thanks for quick reply!

 

[Proserpina]

So he has no case? And can you explain to me so i have a better understanding of why?
Thanks!
and thanks for quick reply!

You clearly didn't present the item as new; you sold it "as is".

It was up to him to verify the condition and if he didn't like it? He was absolutely free NOT to buy it from you.

He bought it anyway, despite the condition. He can't just change his mind on a transaction like this and he doesn't have any statutory period of "buyer's remorse" for such a transaction.

 

[JQ Citizen]

He is now in possession of the bike?
Yes
You are now in possession of the $80? (Consideration)
Yes
You have a legal contract
Did he pick it up or was it delivered to him sight unseen?
Was it as described? Is there a written memorandum?
Assuming it was inspected before pickup not delivery?
He assumed the risk.
No written memorandum? good then it was an oral contract just as enforceable as a written one, just more difficult.
Again he has bike you have $80, looks like a meeting of the minds.
Do you have a copy of your Craig's list ad?
Do you have emails indicating you described the bike?

Does he have any actual damages?
No you cannot sue for potential damages, you must have actual damages.
As the owner he is now responsible for the maintenance of the bike, if he rides it knowing there are no brakes on it, or it has limited braking capacity how can that be your fault?

Tell him to get hit by a car and then he will have damages!!

 

[sdu96]

You clearly didn't present the item as new; you sold it "as is".

It was up to him to verify the condition and if he didn't like it? He was absolutely free NOT to buy it from you.

He bought it anyway, despite the condition. He can't just change his mind on a transaction like this and he doesn't have any statutory period of "buyer's remorse" for such a transaction.

What if he keeps harassing me? And does not back off.

 

[Isis1]

What if he keeps harassing me? And does not back off.

file a police report.

 

[Proserpina]

What if he keeps harassing me? And does not back off.

As Isis-the-wisest suggested, file a police report. IF it continues, you can file for a restraining order.

In the meantime, don't answer emails, calls, or texts. Ignore his very existence. But don't delete the ones you have!

 

[sdu96]

Thanks! for the help guys.