Legal Question in Civil Litigation in Florida

Craigslist dispute

I have a two year old 6 person hot tub that I needed to get rid of before I move november 1. I went on craigslist.com and found someone who wanted to trade my hot tub for their motorcycle, he even shook on it in good faith. He also saw the hot tub and measured it on at least two occasions. I moved the hot tub to my front yard over the last few weeks and bought equipment to move it to his home as agreed as it was large and heavy. He called me ten minutes before the moving truck arrived to tell me the deals off. Do you think this is worth taking to court and do you think I can still get the bike?


Asked on 10/10/06, 10:56 am

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Craigslist dispute

In response to your question, I would need more info. to give a definite legal opinion. You do ask in general if it would be worth it to take this matter to court. Short answer...no. For one, you do not have anything in writing. Even when a client has some evidence, one cannot be sure what could happen with a judge or jury.

There is an argument to be made that you relied on the other party's promise and incurred expenses (this is referred to as detrimental reliance). However, this would need to be researched to find some case law in your favor. One other thing...in small claims court, the law is a little "relaxed", in that, judges try to inact fairness. Thus, the court may be inclined to listen to a detrimental reliance argument.

You have an uphill battle. If you filed a case, you would have to pay filing fees and around $25.00 to have the defendant served.

'Hope this helped, Tom Rosenblum.

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Answered on 10/15/06, 1:20 pm


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