What to do if I sold an item on Craigslist and the person that bought it is now claiming that it doesn’t work?

They tested it when they bought it and it worked fine. Do I legally have to return their money for the item?

Asked on November 15, 2012 under Business Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you  did not provide a warranty or guaranty, you do not have to accept a return IF you believe that the item was in good condition when received by the buyer. (If it was not in good condition when the received it, they did not have to accept it.) Bear in mind that that if they buyer believes that either the item was damaged or defective when they received it and/or that you knew of a defect but failed to disclose that when selling it, they may try to take legal action (sue) you if, either the item is sufficiently expensive as to make that worthwhile, or if they are simply sufficiently personally aggrieved. If they do so, they will not win unless they can prove their case by a preponderance of the evidence; however, it is important to remember that even if, at the end of the day, you would win, it is still possible that you would be sued and have to deal with that, and factor that eventuality into your consideration of what you should do.


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