Craigslist buyer threatening small claims court

[compseller]

I recently sold my old computer on craigslist for $550 (was originally listed at $600). The computer was listed as used, and also included "sold as is" in the description. A day after completing the sale, the buyer contacted me and stated that when plugging a few of his devices into the computers front USB ports, the computer damaged the items he plugged into them to the point where he stated he had to replace an external hard drive and his cell phone. I never used those front USB ports when I owned the computer, and had no knowledge of them causing damage to devices plugged into them. Upon further investigation into his claim, the buyer stated that his cell phone was now getting warm and not accepting a charge. When I looked up the common issues with his phone, that exact issue was listed under the FAQ for that device as a common issue with the phone when it is being used for prolonged periods of time - and as a safety feature the phone will not accept a charge when it is warm.

The buyer stated he wanted $180 to replace the items damaged ($50 for the hard drive and $130 for the phone). I told him I would pay him $50, to which he countered with $120 and then even went as low as $100. I refused and stated the most I would refund him back would be $50. He then filed a claim with PayPal (since thats how he paid for the computer) asking them to refund him $200. After he filed the claim, PayPal took the money from my account and put it on "hold" until the claim was over. I responded to PayPal with the details of the issue as I saw them. PayPal then gave back all my money and stated that they do not deal with these types of claims for items that are "not as described" for off ebay claims. I thought the issue was over at this point.

Today, 6 days later, the buyer contacts me again saying that he now wants the $50. I responded back to him that he had his opportunity to get $50 before trying to file a claim with PayPal, and now that deal is gone and I would not refund him any money at all. He stated that if I did not refund him at least the $50, he will take me to small claims court.

Thoughts?

 

[bluemann33]

Dont worry about it, unless you are feeling generious then you could give him the 50bucks but sounds like he is trying to get you to pay for his junk. Your in the clear.

 

[tpajet]

Next time he contacts you tell him you are done with the deal, and then ignore him from that point on. It will cost him much more than his $50 just to file the suit. And even if he does, he will loose. You listed the item "as is". Just to be on the safe side I would print or save a copy of the ad as well as any of the correspondence in all of this, including with PayPal. If for some reason he does decide to file the suite (out of spite) then you do need to make sure to show up otherwise he will win a deault judgment.

 

[bluemann33]

You may also want to empty your paypal account just in case for some reason they decide to put a hold on your money again, doubt it will happen but if you have already taken it out then there is nothing to freeze. Good luck.

 

[compseller]

Just to be clear, if he did take me to small claims, I doubt it would be for $50 - would probably be for $200 or more since that is what he asked for from PayPal.

Im not really concerned with PayPal getting involved again, since they made it clear this was not something they were going to get involved with.

My main concern is if he has validity in his case. I see a few issues here, in my personal opinion.

1. I see Craigslist as one large garage sale. If you bought a toaster from a garage sale, went home and plugged it in and it shorted out your outlet - would someone have a right to sue the person because of that? I had no knowledge of the USB drive causing damage to other devices, and I never even used it when I owned the computer. The most I knew was that the USB's on the front of the computer did not work, however because they are hidden by a plastic flap and I never used them, and I forgot to mention that in the Craigslist ad. In the ad I made no guarantees or gave any warranties of any kind, and I do list it as "sold as is" in the ad.

2. I gave him an opportunity already to get $50 before he tried to file a claim with PayPal and re rejected it. It is only now, after PayPal has stated that they wont get involved, that he has decided that he will now take the $50. In my opinion, it seems like he lost his chance at any kind of "deal" when he escalated the situation by trying to get PayPal involved.

3. He has no idea where I live, work or any personal info other than my name. I did searches in google and could not find any personal info attached to email or my name.

So im not really concerned, per say, about being taken to small claims court, im more interested in if in fact he has a real claim in what he is asking for.

 

[tpajet]

Even if it's $200, he's barely going to come out ahead. But, the main point of his case is he is going to have to prove that you knew about the bad ports and didn't mention them or that you were misleading about them. So for example if you said that all of ports work great, then you would be liable.

The fact that you sold it as is pretty much blows that out of the water. Also, I would simply pose the question in court that you have no idea what he did with the computer after he got it. Tell them that for all you know his cell phone could have done some damage to the USB ports or how do you know that even the cable might not have had a short of some sort and damaged something?

 

[mightymoose]

You are in the clear if he sues. It was nice of you to offer the $50, but you don't have to pay it. You have no responsibility here.