The item in question was a musical instrument I had advertised online. Buyer was happy with the item when they viewed it & immediately paid me cash for it. There was no Bill of Sale asked for or given. They now say that they could have bought this same item considerably cheaper somewhere else & want their money back. If I do not want to refund it, they are threatening to take me to "small claims court". This was a private sale. I do not sell items as a business. Am I obligated legally to refund the money. I feel they got a great deal & for some reason they just need their cash back. Thanks.
2007-10-01 07:17:40 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You are not obliged to refund money at all for any reason, under Canadian law anywhere in Canada. Even a commercial business doesn't have to, as long as the goods and/or service was done or delivered as claimed in writing or verbally (verbally is extremely hard to prove). Just because somebody finds something cheaper weeks later or when ever, doesn't entitle them to any refund what so ever. If that was the case EVERY business would have you sign a legal waver in effect of that on every item bought. On a personal classified, private, non commercial sale of an item, it is buyer beware unless stated otherwise according to Canadian law. If you do sell items often or want to keep this guy happy you could meet him half way.
Personally for me, it was what the person AGREED to and PAYED so they would be SOL, as they are a careless shopper it's not your obligation to pay for their foolishness. He was not forced into it under any kind of duress. (ie, at gunpoint or any other threating manner) It just like buying cars, homes or anything when the exact same thing can be found at all sorts of price levels. Just look at any printed media and see what we pay for them compared to everywhere else for items mostly printed here. Poof there is NO LAW protecting buyers in Canada. Tell him their is no such law to date protecting him from fair market price of any said item, as long as the tax was paid for on the item. Tell him as you sold it for less than you bought it for, no profit was made and no tax to claim is requiered on this item sale. No bill of sale will fail to make it through any civil court in the western world. The end bill of your lawyer and court cost will be at his expense as he has NO case so expect it to be that way.
He's simplely mad and hopes to scare you with idol threats that cannot go anywhere but to more bills for him to pay for the item, that he thinks is pricey enough already. One day he might grow up and take the hit like we all have at one time or another, and not cry like a baby. The gas pump come to mind for us all everyday.
2007-10-01 08:27:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Since the item is not faulty and no "money back in 30 days if not satisfied" was given, tough cookies. If I buy something on E-bay and pay too much, I sure don't get the difference back. This guy learned a lesson and so did you. In the future have a bill of sale stating "all sales final".
Tell the guy to pound sand. A judge will laugh him out of court.
2007-10-01 07:25:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the person saw, touched, and played the item, the sale is final and no refund is due. If he plans to take you to court, you might want to remind him that:
1) if he loses, he will be responsible for the costs.
2) If you have to take a day off to defend yourself, he may be liable for any expenses you incur due to his frivolous lawsuit.
Chances are it's just a bluff. I had to take someone to court over a car accident once, and even though it was a small claim, it took months to resolve. I won, because he didn't show up, so bear that in mind.
2007-10-01 08:05:44 · answer #3 · answered by Charlie S 6 · 0⤊ 0⤋
Without any documentation they do not have a case. You are under no obligation to refund the money.
I you choose to return the money, make sure the musical instrument is in the same condition it was in when you sold it. It may have sustained some damage while they had it.
2007-10-01 07:29:21 · answer #4 · answered by ijcoffin 6 · 0⤊ 0⤋
You do not have to refund their money just because they later found it somewhere else cheaper. Legally, you have done nothing wrong. He can take you to small claims court if he wants, but the judge will yell at him for wasting his time and then throw the case out.
2007-10-01 07:24:30 · answer #5 · answered by Michael C 7 · 0⤊ 0⤋
No.... you do not have to give the money back. You sold a quality product for an agreed upon price.
If this person had attended an auction.... with my friend who is a licensed auctioneer.... and came back asking for their money back... my friend would laugh in their face and say... "Well, thats just the way it goes sometimes. If you could have found it cheaper at the time, you wouldn't have bought it from me."
I would laugh and tell them "Nice try buddy."
Then go on with my life and NEVER give it another thought.
You are not Wal-Mart. Tell them 'No way.'
2007-10-01 07:29:58 · answer #6 · answered by pink 6 · 0⤊ 0⤋
As long as the item is what you advertised, there is no obligation to refund all or a portion of the purchase price simply because they now disagree with the price.
2007-10-01 07:21:52 · answer #7 · answered by Anonymous · 2⤊ 0⤋
They were happy to give you they money for an item that they had seen and is not faulty, there was no bill of sale. There is nothing that can be done about it.
2007-10-01 07:23:20 · answer #8 · answered by slodge29 3 · 0⤊ 0⤋
You are not obligated to return the money unless you promised to do so. Normally cash private transactions are "no returns, no refunds".
2007-10-01 07:22:17 · answer #9 · answered by davidmi711 7 · 0⤊ 0⤋
You are under no obligation to refund the money.
2007-10-01 07:21:25 · answer #10 · answered by Anonymous · 2⤊ 0⤋