sold a riding mower for $600 asking price was $700 this model in good condition is worth $1200 mine was allittle beat up but still fully functional buyer inspected it before offering $600 later in the day he called saying it leaked oil and wants his money back or he would sue i never noticed any leaks and started and drove it for him before sale
The buyer inspected the goods, and offered you less than your asking price after the inspection, and purchased the goods at a substantial discount to what you claim is the fair market value of one that is in good condition. In my opinion, unless you covered up the oil leak prior to the sale, you are on pretty firm ground. But as Mr. Kaufman says, you can decide to give the money back, if you want to.
Unlike FL small claims court, where the court filing fee alone would be $175 (Claim > $500) which might discourage the plaintiff from suing, in MI the filing fee is only $25 (Claim < $600) so be prepared if he does decide to sue.
I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I perceive your question to be, and should not be relied upon because every person's facts and circumstances are unique, and because specific laws vary from state to state. To completely evaluate a legal issue requires reviewing and evaluating all relevant facts, applicable laws and other information. My answer does not create an attorney-client relationship, and offered for informational purposes only.
This is not really a Lemon Law issue but if you sold the item As-Is and he took it after inspecting it, then no, you do not have to give him his money back. However, if he does sue you and he convinces the judge otherwise, then you would. He would likely have to show the judge that you knew of the defect and that he could not have noticed it during his inspection, but it will be his burden to show that. Good Luck!
The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.
You can return it if you wish. You can tell buyer to pound sand. Some folks may take it to court, others may threaten to do so and still others will just go away. In court, some judges may side with you and some with the buyer. The question is what path are you most comfortable with OR what is the path of least resistance basically?
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