My jurisdiction is: OR, USA
The short version:
I sold a guy a bass guitar, amp, and related accessories from an ad on craigslist about two weeks ago. He later took the items to a music store and they told him the bass is unplayable and irreparable (he had played the bass for over 30 minutes in my basement before buying and found it satisfactory at that time). He says I misrepresented the bass and that I must either give him his money back or he will sue in small claims.
I have two questions:
1) Does he have a legitimate case?
2) If he files suit can I counter sue for time, expense, defamation, or anything else?
The detailed version:
About two weeks ago I posted an ad on Craigslist for a bass guitar, amplifier, and related accessories. The man who bought the items claims to be a lawyer and is now upset at his purchase and demands his money back or he'll sue. He says that he took the items to a music store and they told him they're worthless junk, cannot be played as is, and that the bass in particular is completely irreparable.
Though an idiot in the field of law, I am somewhat of an expert in the field of musical instruments, having worked for years for both a successful musical instrument retailer and a very large m.i. manufacturer. The bass in question is a low end instrument to be sure, but I can say in all confidence that it was very playable when it left my house. That said, I pointed out at the time of sale some issues the bass had. Specifically I pointed out that the electronics were in need of a good cleaning or perhaps even replacement of some parts. I offered to do that work for free at a later date as neither of us had the time or inclination on the spot. He did not seem the least bit worried about buying an instrument that needed some work.
The gentleman called a week later and said he wanted to have the work done that we had discussed as a friend of his was coming into town that he might like to jam with. I said no problem, but that he might have to leave the instrument with me for a day or two. He said that wouldn't work due to the tight time-frame he was on and that he would call back later to set up a time to drop it off after his friend left town.
The next I heard from him was a week later (today) and he was very upset. He basically opened with, "We can do this the easy way or the hard way, but you're going to give me my money back." He went on to describe being told by a local guitar store how the bass was unplayable and irreparable. He feels that I deceived him and that only a full refund will suffice in bringing this matter to a suitable conclusion for him.
The truth is that I would normally have no problem refunding the money. I'm not a thief or a scammer and I don't want to be sewing the seeds of bad karma. Mostly I just don't like the tone this guy came at me with or the idea of being bullied into a particular decision or a course of action.
Not only did I not represent the bass as being perfect, but I pointed out the flaws that I was aware of and offered to fix them. I just don't see how I could lose this suit. But if it does go to court, I don't want to end up being out more than $200 worth of time and court costs. That's where my question about the counter-suit comes in. To what degree is he liable for reimbursing my time and other incurred costs?
Is it worth it to stand my ground, or should I just refund the money and let the bully win?
Oh yeah, I don't know if it's relevant, but a comparable package to the one I sold would sell new for around $350 - $400. I sold this package for $200, so we're not talking about a ton of money -- this is primarily a matter of principle.
Thanks in advance for any help or advice.
The short version:
I sold a guy a bass guitar, amp, and related accessories from an ad on craigslist about two weeks ago. He later took the items to a music store and they told him the bass is unplayable and irreparable (he had played the bass for over 30 minutes in my basement before buying and found it satisfactory at that time). He says I misrepresented the bass and that I must either give him his money back or he will sue in small claims.
I have two questions:
1) Does he have a legitimate case?
2) If he files suit can I counter sue for time, expense, defamation, or anything else?
The detailed version:
About two weeks ago I posted an ad on Craigslist for a bass guitar, amplifier, and related accessories. The man who bought the items claims to be a lawyer and is now upset at his purchase and demands his money back or he'll sue. He says that he took the items to a music store and they told him they're worthless junk, cannot be played as is, and that the bass in particular is completely irreparable.
Though an idiot in the field of law, I am somewhat of an expert in the field of musical instruments, having worked for years for both a successful musical instrument retailer and a very large m.i. manufacturer. The bass in question is a low end instrument to be sure, but I can say in all confidence that it was very playable when it left my house. That said, I pointed out at the time of sale some issues the bass had. Specifically I pointed out that the electronics were in need of a good cleaning or perhaps even replacement of some parts. I offered to do that work for free at a later date as neither of us had the time or inclination on the spot. He did not seem the least bit worried about buying an instrument that needed some work.
The gentleman called a week later and said he wanted to have the work done that we had discussed as a friend of his was coming into town that he might like to jam with. I said no problem, but that he might have to leave the instrument with me for a day or two. He said that wouldn't work due to the tight time-frame he was on and that he would call back later to set up a time to drop it off after his friend left town.
The next I heard from him was a week later (today) and he was very upset. He basically opened with, "We can do this the easy way or the hard way, but you're going to give me my money back." He went on to describe being told by a local guitar store how the bass was unplayable and irreparable. He feels that I deceived him and that only a full refund will suffice in bringing this matter to a suitable conclusion for him.
The truth is that I would normally have no problem refunding the money. I'm not a thief or a scammer and I don't want to be sewing the seeds of bad karma. Mostly I just don't like the tone this guy came at me with or the idea of being bullied into a particular decision or a course of action.
Not only did I not represent the bass as being perfect, but I pointed out the flaws that I was aware of and offered to fix them. I just don't see how I could lose this suit. But if it does go to court, I don't want to end up being out more than $200 worth of time and court costs. That's where my question about the counter-suit comes in. To what degree is he liable for reimbursing my time and other incurred costs?
Is it worth it to stand my ground, or should I just refund the money and let the bully win?
Oh yeah, I don't know if it's relevant, but a comparable package to the one I sold would sell new for around $350 - $400. I sold this package for $200, so we're not talking about a ton of money -- this is primarily a matter of principle.
Thanks in advance for any help or advice.
