I sold a bicycle through private sale to a buyer who is not happy and wants to return it. I cant return because the money is spent.
Details: This takes place in State of California
Through emails I have the buyer agrees to sell the bike and asks a few questions about it (none of any importance to the issue at hand)
Buyer calls me on the phone and asks if there are any brakes and says that it would have a deciding factor to whether the bike is purchased.
I respond in these exact words "I have brakes that i was going to put on the bike you can just have them if you like."
buyer is pleased and comes and picks up the bike and I hand the brakes over in a package that is unopened.
Buyer calls a couple days later stating that the brakes do not work with the bike.
Buyer then demands that he wants either a refund, or i sell the bike to him. he also wants me to drop the bike off at my house, make me sign a contract to sell it and if i refuse take me to small claims court.
now if i want to get technical. My for sale ads did not mention brakes were included. I actually decided to give it to the buyer as a last minute freebie.
The emails we exchange also have no mention of brakes.
Buyer today emails me sayin that the terms of sale were that there would be "working" brakes on the bike and threatens me with court.
Now as good faith I told him I would help him sell the bike to others that were interested. but i just want to make sure that worst case scenario I have a case to defend myself.
the technicality im looking for is that i told him I have brakes I was going to put on and would give those brakes to him for free. since i never mentioned working brakes his claim that working brakes was part of the sell agreement is null. correct?
thanks in advance for the help guys.
- Tree Frog