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Craigslist sale

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stonegyrl

Junior Member
What is the name of your state (only U.S. law)? ARIZONA

I sold a baby crib on craigslist. I could not find an exact matching photo of the crib so found one similar. I also posted actual photos of the crib disassembled.

A couple came and looked at the crib in person, both of them. They were unsure and debated, looked at the pieces and then decided to buy it. They paid $90 in cash (it was listed for $100). When I bought it from Babies R US, it was $299 + tax brand new. The crib is in mint condition, no missing parts and 9 years old.

They assembled it and complained it wasn't exactly like the photo. That it was different cosmetically and they want their money back. They said the price and condition is irrelevant. I retold them that they looked at it themselves and they made the decision to get it because it met their standards and its what they wanted. I did not force sale this AT ALL.

They are threatening to take it to small claims, for a $90 crib. They said this is "fraud" and that I "cheated them".

It would cost them $52 to file a small claim in addition to $25 in filing paperwork. It's not worth it. I need advice. I have not responded to their threat yet. Thanks...
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? ARIZONA

I sold a baby crib on craigslist. I could not find an exact matching photo of the crib so found one similar. I also posted actual photos of the crib disassembled.

A couple came and looked at the crib in person, both of them. They were unsure and debated, looked at the pieces and then decided to buy it. They paid $90 in cash (it was listed for $100). When I bought it from Babies R US, it was $299 + tax brand new. The crib is in mint condition, no missing parts and 9 years old.

They assembled it and complained it wasn't exactly like the photo. That it was different cosmetically and they want their money back. They said the price and condition is irrelevant. I retold them that they looked at it themselves and they made the decision to get it because it met their standards and its what they wanted. I did not force sale this AT ALL.

They are threatening to take it to small claims, for a $90 crib. They said this is "fraud" and that I "cheated them".

It would cost them $52 to file a small claim in addition to $25 in filing paperwork. It's not worth it. I need advice. I have not responded to their threat yet. Thanks...
First, are you sure there is no recall issued against the crib?

Other than that, ignore them, or tell them to enjoy the crib.
 

stonegyrl

Junior Member
Not to my knowledge

First, are you sure there is no recall issued against the crib?

Other than that, ignore them, or tell them to enjoy the crib.
Not to my knowledge...

Should I reply to their threat of small claims or ignore it. I kept a copy of the texts on my computer just in case.
 

Zigner

Senior Member, Non-Attorney
Not to my knowledge...

Should I reply to their threat of small claims or ignore it. I kept a copy of the texts on my computer just in case.
Did the crib still have a drop-side? If so, it may be subject to a recall and that would mean that you're legally not allowed to sell it. I doubt this is the case, but it's a possibility.

With that said, you can play it either way. Either ignore them outright, or simply respond that it was an as-is sale and to cease contacting you.
 

stonegyrl

Junior Member
Yes

Yes it does have a drop side rail.we never had an issue, no arms, legs or anything got stuck and she never climbed out or fell out or through. And I told them all of this. They also examined it and looked at it too for 15 mins...
 

Zigner

Senior Member, Non-Attorney
Yes it does have a drop side rail.we never had an issue, no arms, legs or anything got stuck and she never climbed out or fell out or through. And I told them all of this. They also examined it and looked at it too for 15 mins...
If they bring up the issue of a recall, you may have a hiccup. So far, they haven't done that. I'd ride it out.


Just a comment...if they sue you and win, the fees you listed for filing the case will be part of the judgment that you will have to pay.
 

stonegyrl

Junior Member
Ok

I'm not going to respond then. I will keep my texts on record and I'll let u know if anything arises. Thank you.
 

RRevak

Senior Member
I'm not going to respond then. I will keep my texts on record and I'll let u know if anything arises. Thank you.
All drop side cribs HAVE been recalled and are NOT allowed to be resold. I highly doubt you didn't know this when you sold it since its very common knowledge nowadays. Did you specifically tell the buyers this was a drop side before they bought it?
 

RRevak

Senior Member
Did the crib still have a drop-side? If so, it may be subject to a recall and that would mean that you're legally not allowed to sell it. I doubt this is the case, but it's a possibility.

With that said, you can play it either way. Either ignore them outright, or simply respond that it was an as-is sale and to cease contacting you.
ALL drop side cribs HAVE not only been recalled, they're also not allowed to be resold. Technically OP wasn't even allowed to sell them the crib at all by law.
 

Zigner

Senior Member, Non-Attorney
All drop side cribs HAVE been recalled and are NOT allowed to be resold. I highly doubt you didn't know this when you sold it since its very common knowledge nowadays. Did you specifically tell the buyers this was a drop side before they bought it?
Thanks for that - I didn't want to put it out there as a definitive statement without researching it and I haven't had a chance to do that.


The OP may wish to consider refunding the money and getting the crib back. I would leave it on the buyer to bring it back though,
 

RRevak

Senior Member
Thanks for that - I didn't want to put it out there as a definitive statement without researching it and I haven't had a chance to do that.
The law went into effect as of 2011 with private sellers and resale stores not being able to sell them any longer due to new regulations on crib designs. Hotels and daycares were given another 18 months in which to bring theirs to standard.
 

RRevak

Senior Member
If the buyers take this to court then OP is going to find themselves in hot water. OP needs to give back the money and either destroy the crib or sell it as something other than a bed for a child. Although its allowed to be sold as a "side car" with the drop side removed entirely.
 

Zigner

Senior Member, Non-Attorney
If the buyers take this to court then OP is going to find themselves in hot water. OP needs to give back the money and either destroy the crib or sell it as something other than a bed for a child. Although its allowed to be sold as a "side car" with the drop side removed entirely.
The last time I bought a crib (a few years ago, for a grandchild), the crib was a drop-side that had been modified with a kit to make it not be a drop-side. At the point where the side was to be assembled, there were stickers placed in the assembly manual referring to an insert that described the modified assembly.

It's possible that the manufacturer of the crib will send a kit for free.
 

RRevak

Senior Member
The last time I bought a crib (a few years ago, for a grandchild), the crib was a drop-side that had been modified with a kit to make it not be a drop-side. At the point where the side was to be assembled, there were stickers placed in the assembly manual referring to an insert that described the modified assembly.

It's possible that the manufacturer of the crib will send a kit for free.
That is for people with existing drop sides that cannot or will not choose to buy another. But an owner with one cannot by law sell to another person unless its been modified as something other than the full crib meaning, the side that drops has been removed or its sold for decorative purposes. They have literally been banned in the US due to infant deaths.
 

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