Unhappy Craigslist Buyer - Demanding Refund - HELP!!

[Hbt714]

Located in CALIFORNIA

I sold a playhouse to a gentleman via Craigslist for $160 a week ago. The item was actually listed for $200, but we ended up negotiating it to $160 via email.He came to our house and looked at it. It was actually disassembled, but he looked at all the parts and seemed happy with it. I told him that I was sorry I wasn't able to clean it up for him before he got there, since it had been sitting in the yard and got a little dusty over the past month, but a good rinse down from the hose would clean it up and have it looking like new again. He asked why we were selling it and I told him that it was actually selling it for my brother-in-law because he was moving out of state. He asked how long he had owned it and I told him approximately 3 yrs. I then told him that the Craigslist ad had an error in it because when I had created the ad it had defaulted the item's condition as "new." This is a feature that has a drop down menu and you can select what condition best describes the item being sold. I didn't realize it was "new" until I looked at the ad the morning the gentlemen had arrangements to come pick it up. He said he understood everything we talked about up to that point and seemed happy with it, so he gave me the money, loaded it up and took it home. A few hours later he tried calling me and then left me this text message:


"Hi *****, I just tried calling you. I got the playhouse home and after looking it over it isn't what was advertised. It has stains, spotting, and scratches, was missing hardware to hold the roof on, missing the phone and roof vent pieces, the floorboard was warped and has holes, doorbell doesn't work, and your ad mentioned you had new stickers. Based on its current condition the pictures you posted are nowhere recent. Could you please give me a call to discuss things? Thanks"

To answer the claims he stated in his text, everything was given to this person. The missing items he is claiming were not included were actually in a tied plastic bag next to the disassembled playhouse parts. I know he must have grabbed them because the bag was gone when he left. The doorbell did work when my brother-in-law brought the playhouse over 2 months prior to all of this. I did not check to see if it worked the morning this guy came over to buy it. I did not witness him test it out before he gave me the money and loaded it into his truck. The pictures of the playhouse were of the actual playhouse, which my brother in law provided me. At the time, I wasn't sure when he took those pictures but I since asked him and he said he took them about a year ago. I've looked at the playhouse pictures again, and very closely, and everything appears to look just like the one I sold him. The stickers just weren't in as good of condition in person as they were in the picture, which is why my brother-in-law bought new stickers for the playhouse.

I did not respond to his text or phone call. Two days later he showed up at my house before 8am, pounding on our door. We live in a gated community (no guard), so he some how got in through the gate without approval. I was home alone with my daughter so I was scared and he stayed out there knocking on the door several times and taking pictures of our house. I ended up calling the police. He left before they came into our community, but as he entered a public street, they saw him and pulled him over.
Yesterday he sent me a certified letter stating he demands a complete refund of the playhouse and I have 10 days to respond or legal action will be taken. My question is, does he have a good case or a leg to stand on in small claims court? I am willing to take this all the way because we have decided to not give this guy a refund. I don't think he has the original Craigslist posting, which would help his case. If he does, however, would it be held up in court even though he came to my house, looked over the playhouse, discussed the issue of it not actually being "new," and still handed over the money? I believe this guy just has an extreme case of buyers remorse or his wife wasn't happy with it. It's still a great playhouse and completely functional. All the missing parts he is claiming can still be purchased through this company for a nominal cost of under $20. He could also put it back on Craigslist and sell it to someone else and get something he's actually happy with.

I think my biggest concern is that he would say that the playhouse was misrepresented by me because it states that it was new, but doesn't that become a moot point and insignificant once he sees/inspects it in person? Any normal person would be able to see that the house was used regardless if it was brought up in conversation. Help!!

 

[quincy]

I sold a playhouse to a gentleman via Craigslist for $160 a week ago. The item was actually listed for $200, but we ended up negotiating it to $160 via email.He came to our house and looked at it. It was actually disassembled, but he looked at all the parts and seemed happy with it. I told him that I was sorry I wasn't able to clean it up for him before he got there, since it had been sitting in the yard and got a little dusty over the past month, but a good rinse down from the hose would clean it up and have it looking like new again. He asked why we were selling it and I told him that it was actually selling it for my brother-in-law because he was moving out of state. He asked how long he had owned it and I told him approximately 3 yrs. I then told him that the Craigslist ad had an error in it because when I had created the ad it had defaulted the item's condition as "new." This is a feature that has a drop down menu and you can select what condition best describes the item being sold. I didn't realize it was "new" until I looked at the ad the morning the gentlemen had arrangements to come pick it up. He said he understood everything we talked about up to that point and seemed happy with it, so he gave me the money, loaded it up and took it home. A few hours later he tried calling me and then left me this text message:


"Hi *****, I just tried calling you. I got the playhouse home and after looking it over it isn't what was advertised. It has stains, spotting, and scratches, was missing hardware to hold the roof on, missing the phone and roof vent pieces, the floorboard was warped and has holes, doorbell doesn't work, and your ad mentioned you had new stickers. Based on its current condition the pictures you posted are nowhere recent. Could you please give me a call to discuss things? Thanks"

To answer the claims he stated in his text, everything was given to this person. The missing items he is claiming were not included were actually in a tied plastic bag next to the disassembled playhouse parts. I know he must have grabbed them because the bag was gone when he left. The doorbell did work when my brother-in-law brought the playhouse over 2 months prior to all of this. I did not check to see if it worked the morning this guy came over to buy it. I did not witness him test it out before he gave me the money and loaded it into his truck. The pictures of the playhouse were of the actual playhouse, which my brother in law provided me. At the time, I wasn't sure when he took those pictures but I since asked him and he said he took them about a year ago. I've looked at the playhouse pictures again, and very closely, and everything appears to look just like the one I sold him. The stickers just weren't in as good of condition in person as they were in the picture, which is why my brother-in-law bought new stickers for the playhouse.

I did not respond to his text or phone call. Two days later he showed up at my house before 8am, pounding on our door. We live in a gated community (no guard), so he some how got in through the gate without approval. I was home alone with my daughter so I was scared and he stayed out there knocking on the door several times and taking pictures of our house. I ended up calling the police. He left before they came into our community, but as he entered a public street, they saw him and pulled him over.
Yesterday he sent me a certified letter stating he demands a complete refund of the playhouse and I have 10 days to respond or legal action will be taken. My question is, does he have a good case or a leg to stand on in small claims court? I am willing to take this all the way because we have decided to not give this guy a refund. I don't think he has the original Craigslist posting, which would help his case. If he does, however, would it be held up in court even though he came to my house, looked over the playhouse, discussed the issue of it not actually being "new," and still handed over the money? I believe this guy just has an extreme case of buyers remorse or his wife wasn't happy with it. It's still a great playhouse and completely functional. All the missing parts he is claiming can still be purchased through this company for a nominal cost of under $20. He could also put it back on Craigslist and sell it to someone else and get something he's actually happy with.

I think my biggest concern is that he would say that the playhouse was misrepresented by me because it states that it was new, but doesn't that become a moot point and insignificant once he sees/inspects it in person? Any normal person would be able to see that the house was used regardless if it was brought up in conversation. Help!!

What state(s)?

 

[Hbt714]

I'm in California

 

[quincy]

Located in CALIFORNIA

I sold a playhouse to a gentleman via Craigslist for $160 a week ago. The item was actually listed for $200, but we ended up negotiating it to $160 via email.He came to our house and looked at it. It was actually disassembled, but he looked at all the parts and seemed happy with it. I told him that I was sorry I wasn't able to clean it up for him before he got there, since it had been sitting in the yard and got a little dusty over the past month, but a good rinse down from the hose would clean it up and have it looking like new again. He asked why we were selling it and I told him that it was actually selling it for my brother-in-law because he was moving out of state. He asked how long he had owned it and I told him approximately 3 yrs. I then told him that the Craigslist ad had an error in it because when I had created the ad it had defaulted the item's condition as "new." This is a feature that has a drop down menu and you can select what condition best describes the item being sold. I didn't realize it was "new" until I looked at the ad the morning the gentlemen had arrangements to come pick it up. He said he understood everything we talked about up to that point and seemed happy with it, so he gave me the money, loaded it up and took it home. A few hours later he tried calling me and then left me this text message:


"Hi *****, I just tried calling you. I got the playhouse home and after looking it over it isn't what was advertised. It has stains, spotting, and scratches, was missing hardware to hold the roof on, missing the phone and roof vent pieces, the floorboard was warped and has holes, doorbell doesn't work, and your ad mentioned you had new stickers. Based on its current condition the pictures you posted are nowhere recent. Could you please give me a call to discuss things? Thanks"

To answer the claims he stated in his text, everything was given to this person. The missing items he is claiming were not included were actually in a tied plastic bag next to the disassembled playhouse parts. I know he must have grabbed them because the bag was gone when he left. The doorbell did work when my brother-in-law brought the playhouse over 2 months prior to all of this. I did not check to see if it worked the morning this guy came over to buy it. I did not witness him test it out before he gave me the money and loaded it into his truck. The pictures of the playhouse were of the actual playhouse, which my brother in law provided me. At the time, I wasn't sure when he took those pictures but I since asked him and he said he took them about a year ago. I've looked at the playhouse pictures again, and very closely, and everything appears to look just like the one I sold him. The stickers just weren't in as good of condition in person as they were in the picture, which is why my brother-in-law bought new stickers for the playhouse.

I did not respond to his text or phone call. Two days later he showed up at my house before 8am, pounding on our door. We live in a gated community (no guard), so he some how got in through the gate without approval. I was home alone with my daughter so I was scared and he stayed out there knocking on the door several times and taking pictures of our house. I ended up calling the police. He left before they came into our community, but as he entered a public street, they saw him and pulled him over.
Yesterday he sent me a certified letter stating he demands a complete refund of the playhouse and I have 10 days to respond or legal action will be taken. My question is, does he have a good case or a leg to stand on in small claims court? I am willing to take this all the way because we have decided to not give this guy a refund. I don't think he has the original Craigslist posting, which would help his case. If he does, however, would it be held up in court even though he came to my house, looked over the playhouse, discussed the issue of it not actually being "new," and still handed over the money? I believe this guy just has an extreme case of buyers remorse or his wife wasn't happy with it. It's still a great playhouse and completely functional. All the missing parts he is claiming can still be purchased through this company for a nominal cost of under $20. He could also put it back on Craigslist and sell it to someone else and get something he's actually happy with.

I think my biggest concern is that he would say that the playhouse was misrepresented by me because it states that it was new, but doesn't that become a moot point and insignificant once he sees/inspects it in person? Any normal person would be able to see that the house was used regardless if it was brought up in conversation. Help!!

Thank you for providing your state name, Hbt714.

The only thing in writing was the Craigslist ad stating that the playhouse was new?

Because you misrepresented the condition of the playhouse in the ad and because the playhouse was disassembled when the buyer saw it and it is difficult to assess the condition in that state, you may find that providing a refund (upon return of the playhouse to you) is the smartest action to take. I think the purchaser has a good chance of winning any legal action, should he go to the trouble of pursuing this in court.

 

[Hbt714]

Thank you for providing your state name, Hbt714.

The only thing in writing was the Craigslist ad stating that the playhouse was new?

Because you misrepresented the condition of the playhouse in the ad and because the playhouse was disassembled when the buyer saw it and it is difficult to assess the condition in that state, you may find that providing a refund (upon return of the playhouse to you) is the smartest action to take. I think the purchaser has a good chance of winning any legal action, should he go to the trouble of pursuing this in court.

Even though he came out and saw it in person AND we discussed the condition of it? It's not like I shipped it to him or delivered it to his house after he paid. Yes, the playhouse was disassembled, but the parts (6 large pieces that require a truck/SUV to transport) were there in broad daylight to be inspected. He looked at them and he inquired how long they had owned it. I do realize that's a "he said she said" issue, but I would think that if the parts are big enough to be inspected and not in a box, then it should fall on him. I don't mean to be rude or argue with anyone nice enough to give me great advice, I'm just trying to argue my side andake sense of it all. Also, assembling it would not change the condition of the playhouse in the slightest.

 

[quincy]

Even though he came out and saw it in person AND we discussed the condition of it? It's not like I shipped it to him or delivered it to his house after he paid. Yes, the playhouse was disassembled, but the parts (6 large pieces that require a truck/SUV to transport) were there in broad daylight to be inspected. He looked at them and he inquired how long they had owned it. I do realize that's a "he said she said" issue, but I would think that if the parts are big enough to be inspected and not in a box, then it should fall on him. I don't mean to be rude or argue with anyone nice enough to give me great advice, I'm just trying to argue my side andake sense of it all. Also, assembling it would not change the condition of the playhouse in the slightest.

Well, you have an argument to make, certainly. But I am afraid the court will look at the ad and, perhaps, photos of the before and current conditions of the playhouse, and find in favor of the purchaser.

In other words, it is a gamble to fight it. Ultimately it is your decision to make.

 

[Hbt714]

Well, you have an argument to make, certainly. But I am afraid the court will look at the ad and, perhaps, photos of the before and current conditions of the playhouse, and find in favor of the purchaser.

In other words, it is a gamble to fight it. Ultimately it is your decision to make.

That's what I was afraid of. Darn it! Lesson learned. Thanks for the advice! It is great appreciated!

 

[quincy]

That's what I was afraid of. Darn it! Lesson learned. Thanks for the advice! It is great appreciated!

I know what I said wasn't what you wanted to hear, Hbt714, so I appreciate the thanks.

And normally you would be right. If someone comes to look at an item, inspects it, and decides to purchase it after inspection, the onus will be on the purchaser if it is later discovered what was purchased has defects.

But I am afraid that the advertisement is what causes you the most trouble. The buyer apparently relied on the ad's contents and the ad's photos when he came with a truck to pick up the playhouse. Had you told him prior to his trip to your house that the playhouse was actually used and the photos were old ones, then the burden shifts more to the purchaser.

Good luck.

 

[Hbt714]

Well, you have an argument to make, certainly. But I am afraid the court will look at the ad and, perhaps, photos of the before and current conditions of the playhouse, and find in favor of the purchaser.

In other words, it is a gamble to fight it. Ultimately it is your decision to make.

.

One last question, say I still stick to my guns and refused to give him a refund, what's the worst that could happen to me in court? Would they just have me refund him back the money and they have him give me back the playhouse? Or could he sue me for additional money? Could the judge order me to give the guy a refund and he gets to keep the Playhouse? This guy doesn't even have a receipt for the transaction and I don't think he even printed out a copy of the ad before I deleted it off Craigslist. If he didn't, does he even have a case? Or could he somehow get the ad through craigslist?

 

[Hbt714]

I know what I said wasn't what you wanted to hear, Hbt714, so I appreciate the thanks.

And normally you would be right. If someone comes to look at an item, inspects it, and decides to purchase it after inspection, the onus will be on the purchaser if it is later discovered what was purchased has defects.

But I am afraid that the advertisement is what causes you the most trouble. The buyer apparently relied on the ad's contents and the ad's photos when he came with a truck to pick up the playhouse. Had you told him prior to his trip to your house that the playhouse was actually used and the photos were old ones, then the burden shifts more to the purchaser.

Good luck.

That definitely makes sense!! I guess I just have the mindset that you should be very careful what you buy and should inspect anything that is or appears to be used. I've listed things before and people have come over and realized it wasn't in the condition they had hoped and refused to buy it. No hard feeling. Condition is subjective after all. It's not like I coerced the guy or held him at gunpoint to give me the money. Lol. On the flip side, i've also gone to someone's house and not purchased something because I wasn't happy with the condition. I also made the mistake of purchasing a washer and dryer for my mom and it ended up needing an extra $90 in parts, after I was told that everything worked perfectly. I contacted the seller and told him that I wasn't happy, but I knew there was nothing that I could do and just left it alone since it was my fault for not trying it out first.

 

[quincy]

.

One last question, say I still stick to my guns and refused to give him a refund, what's the worst that could happen to me in court? Would they just have me refund him back the money and they have him give me back the playhouse? Or could he sue me for additional money? Could the judge order me to give the guy a refund and he gets to keep the Playhouse? This guy doesn't even have a receipt for the transaction and I don't think he even printed out a copy of the ad before I deleted it off Craigslist. If he didn't, does he even have a case? Or could he somehow get the ad through craigslist?

If the buyer took you to court and was successful in his suit, you could find yourself having to refund the money he paid for the playhouse and, in addition, be ordered to pay his transportation costs (especially if he needed to rent a truck to pick up the playhouse) and you might have to pay any additional costs related to the purchase. The buyer would not be entitled to BOTH the $160 and the playhouse, though. One or the other.

It would not be too difficult for the buyer to acquire a copy of the Craigslist ad if he didn't save a copy for himself, but it is probably a good bet that he saved the ad. Plus, if you were asked about the ad in court, you would have to be honest about the ad's contents. Having a copy of the ad strengthens the buyer's case against you, though.

I don't know what to tell you, Hbt714. I don't see this ending in your favor, but I could be wrong.

 

[Dave1952]

Along with the costs that Quincy mentions, it is likely that he'll be awarded court costs which is another $100 or so. I recently purchased something which was "new" on CraigsList. I suspect that this is a new feature of the selling form and that it defaults to "new". The seller was shocked when I showed him the "new" listing on his ad. He was an "experienced" seller.
Sorry, but you advertised as new and used year-old pictures rather than recent pictures. You should give this guy his money and a big apology for your behavior. Why didn't you settle this at the first complaint?

 

[Zigner]

Perhaps the buyer will accept a partial refund to settle the matter?