Legal Question in Civil Litigation in Georgia
My mother and I enter into a verbal agreement in regards to purchasing a bed from me. As of today, the bed is not in her possession and is currently in my storage. Well, now my mother no longer wants the bed. She says its too masculine and wants a refund. I advised her she is not entitle to a refund; however, she feel differently. Who is correct and should we go to court?
2 Answers from Attorneys
There's no way on such limited facts to answer you as to who might win in a courtroom. But if you value a few dollars more than your mother, then sure, both of you should go to court and duke it out and ruin a relationship for life. There's a far more sensible option - give her the money back.
You leave out a lot of facts. And ask yourself, is this something worth ruining your relationship with your mother over? Going to court is not really going to solve anything and I can almost guarantee that it will make matters worse.
I do not know how much she gave you for the bed. It was your fault for not getting an agreement with her and requiring her to pay for and take the bed immediately. If it were me, I would give her the money back and sell the bed to someone else, not take this to court. This kind of drama is more appropriate for Judge Judy or one of the other judge shows anyway.
Legal thoughts are not the same as common sense. Common sense says not to sue. Legal is something else. Technically, you had a contract. If it was over $500 it should have been in writing and signed by at least your mother.
Your remedy would be to sell the bed to someone else and if you sell it for less, to sue for the difference in value between what your mother would have paid, less any payments by her, and the value you eventually get for the bed. Storage costs might be sought too, depending on the agreement.
If that amount is more, then you cannot sue her. If she wants to sue for a refund, your defense is that she breached the contract by wrongfully rejecting the goods (once she committed, the bed was hers and she was obligated to pay for it), depending on the terms of your agreement.