Legal Question in Business Law in California

I posted a disassembled item to sell on Craigslist w\estimated dimensions. Buyer personally measured before purchasing. But the following day wants to return because measurements were wrong from the ad (about 5" off). Could buyer win in small claims?


Asked on 1/14/11, 10:32 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Small-claims judges sometimes give bizarre rulings, but it seems to me under a strict interpretation of the Uniform Commercial Code that you should win. The buyer had an opportunity to inspect the goods and accepted them. The dimensions of the thing you sold were obvious, not latent, features. Your advertising stated that the dimensions given were estimates. That should do it.

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Answered on 1/20/11, 10:21 am
Edward Hoffman Law Offices of Edward A. Hoffman

I generally agree with Mr. Whipple, but for different reasons. Your question says that the dimensions given in your ad were estimates, but it doesn't say the ad *said* they were estimates. If the buyer didn't know the numbers were estimates, he could have justifiably relied on those numbers. But the buyer *didn't* rely on your numbers. He made his own measurements instead. If he was wrong about the item's size when he bought it, it was because of errors in his own measurements rather than in your estimates. Since he wasn't misled by the numbers you provided, he can't legitimately demand a refund on that basis.

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Answered on 1/20/11, 12:22 pm


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