Sold item on craigslist, buyer later tells me they are fake?
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Sold item on craigslist, buyer later tells me they are fake?
So I have a designer hoodie that I got from a trade with another person, I believed it was authentic and put an ad on craigslist. I then sold the hoodie to someone for some shoes and clothing as well as 90 cash. I have sold the shoes and clothing for cash and later the buyer tells me they tried to sell my hoodie and got told it was fake. They then told me I need to refund them or they will go to a police and or sue me. They only have my phone number and license plate. When selling the item they never asked if it was fake, only asked for receipt which I showed them the exact thing the person that sold it to me showed me. I even asked prior if they would like any other photos and they even inspected it in person. What are the possible outcomes of not wanting to refund them?
Asked on May 15, 2018 under Business Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) If it can be shown that did know or logically must have known under the circumstances that it was a fake, you committed a crime and they could press charges.
2) If it was an honest mistake, it is not a crime, but you do owe them the money back: you violated the agreement (even if only an oral or nonwritten one) that you would sell them an authentic hoodie in exchange for their money: you cannot keep their money without selling them what you in fact agreed to sell. Of course, if you don't give the money back voluntarily, they would have to sue you for it, and may well not do so (too much cost/effort for what they hope to get back).
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