Legal Question in Business Law in California

used item sold

I have a customer who bought a test unit from us and he wants to return it becuase it doesn't look new, we do not take returns. So he is threating to sue us for the item amount and maybe the loss of business that caused because of this. is this possible?

We sold them a tested no a used unit to their specifications.


Asked on 9/28/07, 3:05 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: used item sold

So, what answer do you want to hear? You either resolve it to mutual satisfaction or risk them suing. If you have UCC or contractually stated policies on returns, then respond to them with your supportable position and an explanation of the true facts. All they can sue for is the price of the product, and they'd have to return it to you to get that. The choice is yours, taking into account customer satisfaction and costs of legal defense. If the suit is in small claims court under $7500, then there is no legal cost to you other than some consultation and advice.

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Answered on 9/28/07, 3:39 pm


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