<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by TDM:
I hope someone can help me with this. I sold an item, a saddle in private sale, in January to a person out of state. This saddle was used, but in good condition, I just couldn't use it anymore due to an accident I had that requires me to use a different saddle style now. Anyway, I used an escrow service so that the person would have a chance to make sure it fit both them and their horse and that it was what they really wanted since she lives clear across the country from me. I shipped the item, insured, to her and she loved it and paid me through the escrow service. Today, 4 months later, this person contacts me and says that the saddle doesn't fit her and she never tried it on her horse and that someone else who bought it from her says that it is broken. Now, she wants to "work something out". I feel that I did everything I could to accomodate her during the sale. Am I really liable for something this far after the sale even though I went out of my way in order for her to make absolutely sure this was the saddle she wanted? Again, this was just a private sale, not any kind of business deal or anything.
Thanks in advance. <HR></BLOCKQUOTE>
My response:
Unless given in writing, there are no guarantees or warranties in private sales of anything - - with the possible exception of real estate. This is a "done deal" and you can tell her to "bite rocks" (say it nicer, though) - - there's no "let's work it out." And, besides, let's assume that she does, in fact, have a bonifide claim. What's she going to do, sue you in her State, or sue you in yours? She'll be spending more money than it's worth.
In private sales, the rule is "Caveat Emptor."
IAAL
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