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Craigsliste Dispute: Definition of "Brand New"

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

Yesterday I sold a stationary bike via Craigslist for $200. The couple, who were erratic and difficult to deal with, made no inquiries as to the function of the bike, and did not check any of the bike's functions before their purchase. They just sent me a text saying that the bike "does not work" and that they want their money back. I just followed up with them, and they informed me that the resistance feature of the bike isn't functioning properly. Not knowing anything about the mechanics of the bike, I told them that I would ask my stepdad about the particulars of the resistance feature and contact them again tomorrow, but not before they threatened me with legal action (I heard the wife in the background shreiking something about it being "beyond Small Claims Court". WHAT!?!)

While I made no guarantees to them either in person or in the ad, the ad is entitled "BRAND NEW CYBEX RECUMBENT STATIONARY BIKE". The ad itself doesn't say anything other than "spotless condition" and "heavy duty construction".

Am I liable? Is the key term "Brand New"? On a site like Craigslist where everything is "as-is", I would think it would be obvious that a term like "Brand New" would be more of a marketing term than anything else. Especially since this is wasn't a case of willful misrepresentation (the resistance feature worked fine when I tested it before the sale).

I would really appreciate an answer on this, as I'm really stressing out about it. Thanks in advance guys!
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Senior Member
Don't stress.
Ignore them.
If they sue you, simply go to court and tell the truth. It worked when they left with the bike.



Junior Member
They didn't inspect it though, so there's no way for me to claim that it worked when they left with it.


Senior Member
but to your statement about it being brand new:

unless you are a retailer, it was a used product. It was not brand new even if you never used it but presuming you did use it, it is obviously not brand new. I suspect you will likely be able to slide on that as it being more of a description of the condition of the product rather than a literal use of the term.Next time avoid making such statements when they are obviously not true.

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