Help!! Please!! Craig List / Sued.

[JT_Detailing]

No that isn't what I was getting at. I was saying I could very well say he gave me half of 750 or anything. He's got no proof but a email.

Anyways thanks with the help, I'll call his lawyer tuesday or weds. His lawyer was a lawyer for my uncle a few years back. I'll try and settle with him ( no money ) going to explain my case to him if he doesn't feel hes getting what he wants then he can take me to court. I have nothing to lose.

If he wants to take me to court, let him. I have no money to give him. More so I will not give in to his bully tactics with paying 2,250 for what he paid 750 for. I'm not being rooked into paying his scams. I have a small feeling this guy knew what he was doing when he bought the bowflex from my house. Any how I will update this as I know the legal action.

 

[janedoe23]

My 2 cents is, if you both were standing there looking at the word "Sport" on a piece of the Bowflex then maybe you should have been honest and stated, "Oh by the way this is a Sport and not an Extreme." I don't buy it one bit that you didn't know the model!

I think you were hoping that you'd sell the Bowflex that day for whatever reason and the stupid buyer wouldn't notice. Wrong! Pay the man his money back!

 

[BoredAtty]

Its has no longer any thing to do with a AD, He came to my yardsale and bought it. Regardless what the ad said, I didn't ship it. He seen it in person! Its not like the only thing he saw was the AD, He seen the actual bowflex how hard is that to understand. If he knew it wasn't the bowflex he wanted then why did he buy it.

Here's the relevant law:

Where it is shown that (1) the mistake was induced by the party seeking to benefit from the mistake, (2) there is no negligence or want of due care on the part of the party seeking a return to the status quo, (3) denial of release from the agreement would be inequitable, and (4) the position of the opposing party has not so changed that granting the relief would be unjust, a unilateral mistake may provide a basis for rescission of a contract. Lechuga v. Flanigan's Enterprises, Inc., 533 So.2d 856, 13 Fla. L. Weekly 2391 (Fla. App. 3 Dist., 1988) citing .​

It seems as though the issue will turn on the second prong: Whether or not the buyer should have known which Bowflex he was purchasing. Unless a layman should know which Bowflex model he is viewing when he sees it disassembled, I think you're going to lose since you induced the mistake with a false advertisement.

 

[SnowCajun]

If he wants to take me to court, let him. I have no money to give him. More so I will not give in to his bully tactics with paying 2,250 for what he paid 750 for. I'm not being rooked into paying his scams.

I know, I said I was done posting on this subject, but then I can't seem to help it when I see you say something as absurd as you have above. You talk about "his scams" but fail to see that there's a huge difference in paying you $750.00 for a used Bowflex Sport which you incorrectly listed as a Bowflex Xtreme, something worth twice as much as what you actually sold him! He thought he was buying a Bowflex Xtreme because you listed it as such and used the wrong photo showing the Xtreme instead of the Sport you actually had! To claim you didn't know the difference is not his fault, the mistake is yours so you need to correct it. Whether on purpose or not you're the wrong party here!

When you sell someone a Bowflex Sport for $750.00 and make them believe they're getting a Bowflex Xtreme worth $1300.00 then I believe it's you who's wearing the scammer title here! Maybe it wasn't intentional, as you've claimed, but since you've now learned different why are you not doing the right thing by refunding him his money?? Obviously the mistake is yours, you sold him something incorrectly listed and described by you. How is that his fault?

I have a small feeling this guy knew what he was doing when he bought the bowflex from my house. Any how I will update this as I know the legal action.

And all the rest of us reading your post feel this guy thought he was getting a Bowflex Xtreme valued at around $1300.00 but only got a Bowflex Sport valued at the most what you sold him yours for used. In fact there are places he could have bought the Sport brand new much cheaper than you sold him your used one for! You blame him for not looking yet you say he tore open the package and peeped in, but all Bowflex's look similar when unassembled and packaged, and you'd already pictured it as being a Blowflex Xtreme and told him that's what it was.

You can't go around deceiving people and making money off of lies like that and not expect to be punished for it, and that's exactly where the $2,250.00 is coming from, treble damages for false advertising. The reason for punitive damages (punitive = punishment) to be a lesson punishing people for attempting to scam others, and believe me, when you list something stating it's one thing and it's actually something else only worth half as much, then you've deceived the buyer and you're the wrong party. How can it be anymore plain and simple than that, and why can't you see this?

SnowCajun