Legal Question in Consumer Law in California

My 14 year old son advertised in Youtube and sold an xbox to a man in Utah, supposedly for a b-day gift to his son. The deal was for $250. The buyer asked my son to ship the package. My son ask for a down payment. The man paid $100, and at the same time the package is enroute. When they got the package, opened it and tried to play it, somehow the hard drive got dislocated during the shipment. My son offered to walk them through to fix it, because it is fixable. The hard drive is just an accessory of the xbox. The xbox itself will work even wthout the hard drive. The buyer demanded replacement of the hard drive. My son offered to replace it with a new 20 gb hard drive, the same one it came with when it was shipped. The buyer demanded 32 gb . My son said there is no 32gb. The buyer up it to 64 gb, or no $150. My son refused and asked the buyer to just return the package. The buyer would not return the package wthout getting back his $100. My son returnd the $100. The buyer still refuses to return the package and is threathening to sue for damaged goods. What do you think is our best recourse in this case. We did not benefit from this deal and he has my son' s xbox. Thank you


Asked on 2/14/14, 10:54 am

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

Let him sue for damaged goods, he can't keep the x box, you have returned the money. The difficulty is that my guess neither party has enough minimum contacts to sue. For you to get the xbox or it's value, you would probably have to sue in Utah courts. He would have to sue you in California unless he could show minimum contacts. Send him a strong demand letter and start looking for a Utah attorney.

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Answered on 2/15/14, 6:33 am


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