Elliptical sold on Craigslist

[Shadowbox100]

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

I sold an elliptical machine on craigslist on last Thursday. Spoke with the buyer Thursday evening to make sure it worked properly. It did. Friday he sent me a text that he downloaded the owners manuel from the internet as I no longer had it to provide to him. On Sunday morning he called me and said he would not be able to keep the machine and wanted to return it to me and get his money back ($900) because his knee was hurting too much from using it. Said he was not going to be able to use the machine. I told him that there was no trial period and that he'd had the elliptical for several days already. I reiterated that there was not a problem with the machine itself and that I would not take it back. He has since threatened to sue me because he decided it's not a machine that he can use. Does he have any recourse in this matter. I feel that it was a legitimate transaction and if he wanted a return policy he should have purchased a new one at sporting goods store.

 

[Mass_Shyster]

Does he have any recourse in this matter.

Not even a little bit.

 

[Antigone*]

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

I sold an elliptical machine on craigslist on last Thursday. Spoke with the buyer Thursday evening to make sure it worked properly. It did. Friday he sent me a text that he downloaded the owners manuel from the internet as I no longer had it to provide to him. On Sunday morning he called me and said he would not be able to keep the machine and wanted to return it to me and get his money back ($900) because his knee was hurting too much from using it. Said he was not going to be able to use the machine. I told him that there was no trial period and that he'd had the elliptical for several days already. I reiterated that there was not a problem with the machine itself and that I would not take it back. He has since threatened to sue me because he decided it's not a machine that he can use. Does he have any recourse in this matter. I feel that it was a legitimate transaction and if he wanted a return policy he should have purchased a new one at sporting goods store.

Buyer's remorse is not a legally valid reason to unwind your deal.

Tell him to enjoy his new work-out machine

 

[Shadowbox100]

He had an attorney call me on Monday, I think as a scare tactic, to try to get me to take the elliptical back. I told him if he felt he had a case to take me to court. I said this was comparable to buying something at a garage sale and then deciding you don’t like it and wanting to return it several days later. The lawyer turned into a jerk on the phone and said his client did have recourse under some California consumer protection law because it was a health issue. I told him his health issues weren’t my concern and he says “well they’re going to be because I’m going to sue you”. I said ok goodye. I haven’t heard anything since.

 

[Antigone*]

He had an attorney call me on Monday, I think as a scare tactic, to try to get me to take the elliptical back. I told him if he felt he had a case to take me to court. I said this was comparable to buying something at a garage sale and then deciding you don’t like it and wanting to return it several days later. The lawyer turned into a jerk on the phone and said his client did have recourse under some California consumer protection law because it was a health issue. I told him his health issues weren’t my concern and he says “well they’re going to be because I’m going to sue you”. I said ok goodye. I haven’t heard anything since.

Shadow,

The dude on the phone SAID he was an attorney ~ probably not.

In California this guy would be suing you in small claims court. Unless this moron is an attorney himself, he is not allowed to have representation in court.

You have a contract with this guy.

There was a meeting of the minds.
There was consideration

Meeting of the minds + consideration = contract

changing of the minds later is not part of the equation.

Ignore further contact with the moron.

 

[JohnnyR123]

$900

You must be one good salesman. They retail for less than $600, no wonder he wanted to take it back.

 

[Mass_Shyster]

he says “well they’re going to be because I’m going to sue you”.

The buyer would be the one suing you, not the attorney. An attorney should know this.