Page 1 of 2 1 2 LastLast
Results 1 to 10 of 17
  1. #1
    Join Date
    Sep 2014
    Posts
    8

    Default Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    My question involves small claims court (NJ)

    Advertised a dining set on CL & the first responder liked it so much she wanted to send me a check w/o seeing the furniture in person first. I politely declined, indicating I wanted her to see it in person to be sure it met her needs before she paid me.

    She visited, checked out the set, & said she loved it. She said she'd send a check (to be sure to secure it) & then arrange for pickup on another day. She did send the check. I turned away other inquiries, noting the set was sold, thereby keeping my commitment to her. She arranged to pick up the furniture & on this 2nd visit expressed just as much pleasure about the set as the 1st time. No expressions of concern either time, nor when loading the furniture into the vehicle she brought.

    It was only after transporting the furniture to her home that on a subsequent day I received a call noting the furniture was damaged & they wanted to return for a full refund. The furniture was fine when it left our house.

    I tend to overextend to help people out even when not obligated to but this time I didn't have a blessed minute to deal with a return & then starting over with reselling, plus it now sounded like the furniture had gotten damaged. So I advised that I would not be able to accommodate their demand for a refund. They had 2 full opportunities to inspect & if they had any doubts, why did they commit & send a check, & then furthermore, cheerfully remove the set from our premises?

    Well, they haven't taken a polite no for an answer & have relentlessly phoned & e-mailed. I spent time I didn't have responding to the e-mails, explaining politely time & again that they had every opportunity to make a different decision but had expressed nothing but happiness UNTIL after transporting the furniture. They've badgered w/so many phone calls to both land line & cell that I finally had to have their # blocked, so they switched to another & I had that blocked & then a third & I did same. Now they have written an e-mail saying unless we take the furniture back for a full refund they are filing in small claims court this coming Monday. They also expressed a not so veiled threat to show up with the set during an upcoming yard sale when our neighbors are around, presumably to make some kind of a scene.

    I know I handled this situation honorably - the set was perfectly usable when it left our house (we had used it for almost 30 years w/o a moment's trouble & yet now they are saying the table is cracked, chairs unstable & dangerous for little children, all sorts of stuff suddenly out of the woodwork) but I hope small claims court is a sensible place? The ad made no inaccurate claims. Plan to respond that we will be happy to relay to the judge the entire situation if they do proceed with small claims.

    To elicit a quick sale I sold the set for well under its actual value so they could actually make considerable money by selling themselves if they wanted to.

    So upset about the lack of personal responsibility in people anymore. I would never do this to a seller once I had committed.

    Any insights most gratefully appreciated. Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,293

    Default Re: Craig's List Buyer Threatening Small Claims Court - People Without Integrity :(

    They don't have a prayer of winning in small claims court.

    I suggest you stop being polite and tell them to f--k off. Then block their emails and their calls.

    If they show up at your property call the police.

    If they sue you, you defend on the basis of an AS IS sale and they inspected the furniture twice before buying.

    One word of advice for selling on Craigslist. Never take checks. Cash only. No exceptions. Ever. And for anything more than $100 make duplicate AS IS receipts signed by both parties and you keep one.

  3. #3
    Join Date
    Sep 2014
    Posts
    8

    Default Re: Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    Thank you ever so much for replying and for your insights. I wasn't sure if I could defend on the basis of AS IS when the ad didn't actually say AS IS or whether that's implicit in Craig's List sales unless otherwise noted. Haven't found info about that anywhere, yet....

    The ad made no claims about the furniture's structural integrity - that subject didn't even occur to us because we had used it with no issues all the many years and because the buyers were given ample opportunity to see for themselves before purchase. After bringing the set home, they asserted that one of them almost fell off a chair (this never happened to us!) and that the chairs are unsuitable for baby booster seats (subject never came up prior), etc...all kinds of peculiar stuff out of the blue.....

    I really appreciate your reassurance. I really liked these folks at first - and never once have had someone want to return something - so it really is disturbing that I read them so wrong.... And you're right about cash - thanks.

    (Thank you kindly, whoever corrected the section for posting this thread. Sorry for getting it wrong!)

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    I don't think you have to argue "as is", so much as you would argue that they thoroughly examined the items before they made the purchase and they knew or should have known exactly what they were getting. We're not talking about a car, where many defects or problems can be latent. We're talking about a table and chairs. If a crack was present on the table when it was sold, it would have been right there for a buyer to see. If chairs were wobbly, the buyer would be able to determine that simply by sitting on one.

    This sounds like a case of buyer's remorse. That's not the seller's problem.

  5. #5
    Join Date
    Sep 2014
    Posts
    8

    Default Re: Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    Thank you very much. It's been so time consuming and disturbing - people not assuming responsibility for their own choices - at a time when I have a million family medical crises going on. I truly appreciate the feedback here. (and it really is - or at least was - a nice old dining set)

  6. #6
    Join Date
    Sep 2014
    Posts
    8

    Default Re: Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    Well, they filed in small claims court so now we have to take time off to deal with it/them
    I hope one can rely on small claims court to uniformly understand that such sales come with reponsibility on the part of the buyer to inspect before commiting and paying? We think they will try to assert that the opportunity to fully inspect was not there. This is not true in the least and if it were true (which it isn't) then why purchase in the first place?

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    They had to see it to load it. Chances are it fell off their truck because they did not secure it.

  8. #8
    Join Date
    Sep 2014
    Posts
    8

    Default Re: Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    Thank you for taking the time to write - I truly appreciate it. We think the same thing. It is so frustrating when people don't take responsibility for their own actions. There are many times when I've bought something and then inadvertently broken it shortly thereafter. I have NEVER, and would NEVER, try to return those items. I've wanted to kick myself for breaking the items but I would never take that out on someone else.

    They submitted to the court photos of the furniture. They took the seat cushions off the chairs and took photos of what they say are loose connections where wood meets wood. They also took photos of the seat fabric having faded (it was new fabric that was installed - ad said this - but unknown to us it faded in the sunny spot where the set sat these past few months [the fabric looks fine and you can't tell it faded till you compare to the underside where the sun doesn't shine]).

    I would like to understand Small Claims Court better, i.e. whether there are basic principles that are adhered to, no matter how weepy or charming the person who brings the complaint.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    Small claims court can be a real crap shoot.

    I would emphasize the fact that these people had the opportunity to examine the furniture, both inside and outside of your home, before purchasing it, and in fact did so. I would emphasize that they not only picked up the furniture, but that they held and handled it at all sorts of angles while loading it into their vehicle without raising any objection. I would emphasize that they knew that the furniture was used, with all that buying used merchandise entails, and if they wanted everything to be in new condition they should have purchased new furniture. I would point out that I offered no warranty whatsoever, and that their buyer's remorse isn't your problem -- they got the benefit of their bargain and if they no longer want the furniture their recourse is to sell it to somebody else.

    I'm not sure what the ad says about "new fabric", or how that would be interpreted in context -- whether as "brand new," or, 'recently reupholstered." One way or another, though, any fading should have been apparent to anybody examining the furniture. You can also point out that the complaints about fading are new -- that they were demanding a refund for other reasons up to the point that they removed the seats -- that the color and condition of the fabric on the visible portions of the seat was obvious to any person viewing the furniture, and that even if there was some degree of fading the cosmetics of the chairs were acceptable to them when they negotiated their price and made the purchase.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,789

    Default Re: Used Furniture Buyer Wants a Refund After Taking the Furniture Home

    take a big breath and relax.

    While small claims can be a crap shoot, it sounds like there is no real validity to their claim that your first post doesn't defend adequately. The fact they inspected the furniture not once but twice before accepting it pretty much shoots them in the foot. Just go into court and explain the situation just as you did in your first post. Unless there is some big surprise you should walk out the door the winner.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Property Rights: My Ex Won't Allow Me to Take Furniture
    By juana110 in forum Marriage, Cohabitation and Civil Unions
    Replies: 2
    Last Post: 09-08-2014, 09:25 AM
  2. Property Rights: My Ex- Won't Let Me Take My Dog or Furniture
    By AV0921 in forum Marriage, Cohabitation and Civil Unions
    Replies: 2
    Last Post: 12-04-2013, 05:56 AM
  3. Property Rights: If You Have the Receipt Can You Take the Furniture
    By MovingUp in forum Marriage, Cohabitation and Civil Unions
    Replies: 8
    Last Post: 06-16-2012, 03:37 PM
  4. Theft and Larceny: Taking Furniture Out of the Trash
    By zach corbett in forum Criminal Charges
    Replies: 2
    Last Post: 04-11-2012, 02:13 PM
  5. Business Disputes: Unclaimed Furniture by Buyer from Closed Resale Shop
    By Milamgirl in forum Business Law
    Replies: 4
    Last Post: 01-08-2011, 02:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources