What should I do if an on-line buyer wants their money back?
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What should I do if an on-line buyer wants their money back?
I sold a 4-wheeler, helmet, and battery maintainer on Craigslist yesterday. The vehicle had been parked in my garage for the last 3 months (when it ran). I assumed it was not starting because the battery was way dead. I had the 4-wheeler listed for $500 but let it go for $350. The buyer texted when he was on his way and asked if it could be started and I told him not without being jumped. He showed up with 2 of his buddies. They looked at it and seemed pleased. He gave me the money and they loaded it in their truck. There was no mention of “if we can’t get it started, we are bringing it back” and now today he is texting me all day (I am not even home). He says that he is returning it to me. The last text was…”we are on our way, will be there in an hour”. I told him again that I am not home and that if he needs to take me to court, fine but this is the last I am discussing this and not to show up on my property. He did text back and said court it will be then. What should I do? I feel bad that they were unable to get it going, but I also felt like I was being intimidated when he said “we are leaving now, see you in an hour”. I have pasted the original ad from Craigslist: 110CC FOUR WHEELER W/ HELMET, NEW BATTERY, AND BATTERY MAINTAINER. ALL TIRES HAVE GOOD TREAD BUT ONE MAY NEED TO BE REPLACED OR REPAIRED AS IT IS NOT HOLDING AIR. FOUR WHEELER HAS BEEN PARKED IN MY GARAGE SINCE THE END OF FEBRUARY/BEGINNING OF MARCH. BATTERY NEEDS A GOOD CHARGE AS IT HAS BEEN SITTING. MUST SELL THIS WEEKEND $500 OBO
Asked on May 29, 2011 under Business Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While you don't say so explicity, it appears from what you write that the 4-wheeler will not run and that even if the battery was replaced, it would not work. If that's the case, they you probably need to take it back and reimburse the buyer his money. That's because the ad you quote *strongly* implies the vehicle will run or work after the battery has been charged up or replaced; the add makes it seem that the battery is the only impediment. Therefore, the buyer responded to your add to buy a working 4-wheeler; however, you did not provide one. You are therefore breached the sales agreement (even if only an oral or implied agreement) by not selling what you advertised; that is why you would have to take the vehicle back.
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