Who would be responsible for getting and paying a locksmith in this circumstance?

[debodun]

What is the name of your state? New York

Person A locally advertises an antique roll-top desk for sale. Person B responds to the ad, but when B arrives, the top of the desk is open. Wanting to see the condition of the whole top, B pulls it down, but in doing so, the desk locks. Person A's car, detached garage and house keys are locked inside. Person A says Person B is responsible for hiring and paying a locksmith to open the desk. Person B says they can't be held responsible for something they didn't know would happen (i.e. the desk would lock when the top was closed). Who is correct?

 

[PayrollHRGuy]

Person A.

 

[FlyingRon]

Person A is full of it. Why on earth would you put your keys inside a desk you're trying to sell?

The standard is not just that Person B didn't know the desk would lock, but that NO PERSON would reasonably assume shutting a roll top would lock that way NOR that Person A would be dumb enough to put all the keys inside something that would autolock.

I've never seen a rolltop desk (antique or otherwise) with other than a simple cam lock which takes positive action to latch.

 

[quincy]

Person A is responsible.

 

[Zigner]

I agree that person A is responsible.

Having said that - as a daily user of a roll-top desk, I can assure you that it's possible for it to lock unintentionally when it's not functioning properly. I had to tape the lock open on mine.

 

[zddoodah]

Person A is full of it. Why on earth would you put your keys inside a desk you're trying to sell?

...

I've never seen a rolltop desk (antique or otherwise) with other than a simple cam lock which takes positive action to latch.

Agree, and this sort of illustrates the silliness of what I assume is a purely hypothetical question.

 

[debodun]

I assume is a purely hypothetical question.

No, it happened.

 

[zddoodah]

Out of curiosity, how much was this "antique" desk advertised for sale?

Also, when did this happen? Did A actually call a locksmith and, if so, how much did the locksmith charge? Has any money changed hands?

 

[debodun]

$600 and a chair, bookcase and waste basket were included. Desk locked yesterday. Locksmith came today. $90 for 3 minutes work.

 

[zddoodah]

Has any money changed hands?

Are you A or B?

 

[quincy]

$600 and a chair, bookcase and waste basket were included. Desk locked yesterday. Locksmith came today. $90 for 3 minutes work.

Nice desk. Good price. Did you sell it after you retrieved your keys?

 

[Eekamouse]

This couldn't have been the first time the desk accidentally locked itself when the top was put down. Person A should have had a spare key or had a way to jimmy it open. $90 to have a locksmith come out. Nope, person A can pay that fee himself.

 

[quincy]

This couldn't have been the first time the desk accidentally locked itself when the top was put down. Person A should have had a spare key or had a way to jimmy it open. $90 to have a locksmith come out. Nope, person A can pay that fee himself.

I agree that this was probably not a problem with the desk that was unknown to the seller.

 

[debodun]

Has any money changed hands?

If by that you mean did the person buy the desk - the answer is "NO". She walked away from it and the whole situation.

 

[quincy]

If by that you mean did the person buy the desk - the answer is "NO". She walked away from it and the whole situation.

Person B probably was smart to walk away, especially if Person A tried to argue with him his responsibility for paying a locksmith.

The owner of the desk should have a duplicate key made for the desk prior to trying to sell it again. The owner should note to potential buyers the automatic lock on the desk.