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  1. #1
    Join Date
    May 2009
    Posts
    5

    Thumbs down Sold Item Through Private Sale, Buyer Not Happy and Threatening to Sue

    hi guys.

    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

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Sold Item Through Private Sale, Buyer Not Happy and Threatening to Sue

    You certainly implied that the brakes you provided would work with the bicycle you were selling. Had you told the buyer the truth, it's unlikely that he would have purchased the bike, let alone at the agreed-upon price.

    How were you going to put the brakes on the bike if, in fact, that's impossible to do?

  3. #3
    Join Date
    May 2009
    Posts
    5

    Default Re: Sold Item Through Private Sale, Buyer Not Happy and Threatening to Sue

    I wasnt keeping information from him nor lying. I thought the brakes would work.

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

    Default Re: Sold Item Through Private Sale, Buyer Not Happy and Threatening to Sue

    Mutual mistake (you're both mistaken about the brakes) is ground for rescission of (setting aside) the contract.

  5. #5
    Join Date
    May 2009
    Posts
    5

    Default Re: Sold Item Through Private Sale, Buyer Not Happy and Threatening to Sue

    which would mean me having to take the bike back?

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Sold Item Through Private Sale, Buyer Not Happy and Threatening to Sue

    You don't really know if the brakes fit or not. The buyer maybe just didn't have the skills to put them on properly or maybe was even just too lazy to try. Maybe he decided it wasn't worth the effort and would be easier to try to return the bike.

    If the terms were as-is, then you don't owe him a thing. He had an opportunity to inspect the bike. I assume he got a good deal on the bike. How much can a set of brakes be?

    I would not do anything for the buyer unless you are in the wrong and he can prove it to the satisfaction of a judge.

    Small claims filing fee is around $70 most states. If he can't afford to just go buy some new brakes, he probably can't even afford the filing fee. I would call his bluff.

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