Legal Question in Business Law in California

I sold a bike on Craigslist for 400$. This person comes to my house , and checks out the bike. He says he likes it and gives me the money. an hour later he calls me and says he wants his money back because it was broken , but im 100% when i gave it to him it was NOT broken. What happens if cops are involved. Do i get to keep my money or what?


Asked on 6/25/11, 3:31 pm

2 Answers from Attorneys

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

Under the conditions you describe, (1) you have a duty to disclose any non-obvious defects of which you are aware; and (2) other than that, after the buyer makes his inspection, accepts the condition of the merchandise and pays you, the deal is final. To recollect from you, the buyer would have to (a) prove that you knew of a major defect and failed to disclose it, and (b) return the bike. I doubt very much that the cops or the D.A. will show much interest. This is a garden-variety civil matter involving a dispute between buyer and seller over disclosure and warranty matters.

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Answered on 6/25/11, 3:43 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. This is something the police generally don't get involved in. It sounds like your buyer may have broken the bike after he left. He inspected it before purchase, so that pretty much leaves you in the clear - unless there was something wrong with the bike that you didn't disclose. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 6/27/11, 8:08 am


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