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Buyer bought a couch - wants to go to court Consumer Fraud

Discussion in 'Consumer Fraud & Scams' started by Fayvir, Aug 24, 2016.

  1. Fayvir

    Fayvir Law Topic Starter Guest

    Jurisdiction:
    Ontario
    I recently sold a couch + armchair online via Kijiji, an online classifieds website.

    A buyer messaged me saying he's interested. He then shows up with his friend, they inspected it, sat on it as well, and we negotiated the price from $420 down to $350. So after we confirmed the price, they handed me the cash and started moving the furniture out to their car. On my ad, I put up pictures of the furniture I'm selling, which included some cushions to stage/decorate it. He even asked for those as well! So i gave it to him for free.

    While they're moving it out of my house, they damaged the drywall, which I let it go, since I assume it was purely an accident.

    A few hours later, they message me saying they want their money back and wants a refund because they found damages inside the couch. I asked them to send pictures of it, but they said they can't because it inside and under the leather. He explicitly states this:
    "There is not physical damage that can be seeing on the couch. You wouldnt have problem selling it to somebody else that wouldnt matter keeping it the way it is. But I can not keep because I have kids"

    Then I said sorry, I cannot offer the refund as we honestly had no idea what damages he's talking about. For all we know, he could have damaged it during the transport process or when he got home. I told them no refunds and he said fine.

    Two weeks later, he sends another message saying "See you in court"
    Should I be concerned?

    I saved my ad, the pictures, as well as the text conversation just in case.

    Thanks.
     
  2. army judge

    army judge Super Moderator

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    Why be concerned?

    If sued, then served, go to court as ordered, defend yourself.

    Tell the truth.

    Worst case, the judge rules you return the money.

    If things are as recite, a ruling adverse to your interests is doubtful.
     
    Michael Wechsler likes this.
  3. Fayvir

    Fayvir New Member

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    Thanks armyjudge. I forgot to mention that during the text conversation, he did say that if I don't refund the money, then he will go to the police and file a report to the consumer agency. Said he's done this before to get his money back, and that there are laws to protect the consumer to avoid getting ripped off.

    I had no intention of ripping him off or scamming him. It was a best interest transaction, I needed the couch gone, he wanted it, and now he changed his mind.

    I guess worst case is spending the time to go to court to return his money...but I'm leaving the country in a week. The place he came by to pick up the furniture will be rented out to new tenants. Just wondering, is there any way he could be trying to scam me back just to get free furniture?
     
  4. army judge

    army judge Super Moderator

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    There is no way to discern accurately the motivations of others.

    If you leave the country, you can't be served.
    If you can't be served, you can't be sued.

    If you never return to Canada, the outcome won't matter.

    If you're truly worried, give the person back the money.
    Tell him to keep the couch.
    Is a lousy 400 bucks worth the stress?
    There's nothing you can do, but defend yourself, whether that be civilly or criminally.
     
    Michael Wechsler and Fayvir like this.
  5. adjusterjack

    adjusterjack Super Moderator

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    Sure, that's what he could be doing. If these kinds of threats from a whining buyer make your knees wobble and your anus pucker then you should never "sell" another thing in your life, just donate your stuff to charity when you are done with it.

    Meantime, the way to handle this character is:

    Block his texts.
    Block his calls.
    Block his email.
    Don't respond to any of it.
    If he does manage to talk to you say "You bought it AS IS, you own it, do what you want, but I won't be talking to you ever again."

    If he's still on the phone, hang up. If he's at your property and won't leave, call the police and report a trespasser.
     
    Michael Wechsler likes this.
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    So a buyer who inspected the couch about as well as could be inspected, knew what he was buying and had remorse went to the #1 used method for trying to get others to comply with their wishes - he threatened to sue and hoped you'd be afraid, crumble and give him his money back. The above comments are excellent.

    If you don't feel as though you're right and have done nothing ostensibly wrong, nothing to fear. At worst, you'll have to show up at court and a judge will disagree with you and will require you to pay the buyer. You're in the same position as giving in. At best, the buyer goes home with nothing -- and out the time and money to bring a frivolous lawsuit to scare you. And if the story is anything close to what you represented - and it seems reasonable the buyer inspected the couch and there were no other terms attached - I can't imagine why anyone would waste time and money trying to sue in court.
     

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