Legal Question in Consumer Law in Ohio

I purchased a lawn mower (actually traded an expensive guitar and payed $50) for the equivalent price of $600. The man I purchased it from advertises on Facebook as a mower company. The second time I used the mower it stopped moving. The seller came and got it saying that he would take care of me. He said that the rear end was bad and he would find me another. This went on for two weeks with promises on Facebook messenger that he was still looking. Finally, he volunteered that he would bring me a mower that I could use until he found a suitable replacement. I spoke to him twice that day and each time he said he was busy and he would drop it off later. At 11pm that night, after no calls or messages, I was frustrated and asked for my guitar and money back (via messenger). The next day I received an irate message from him saying he was trying to be nice but now he was going to bill me for the repairs to the original mower (that he said he wasn't going to repair) and to take him to court. Since that time, he has not replied to messages or answered his phone. He has my guitar, the $50 and the mower. I have all of these Facebook Messenger items archived. Do I have any recourse? Thanks.


Asked on 8/23/15, 6:11 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, you could sue him. The best place would be small claims court. But whether he will be subject to the Consumer Sales Practices Act with all of its remedies will depend upon how many mowers he sells per year. If he only sells one or two a year, then the court would likely not look upon him as anything more than a hobbyist. But if he sells quite a few every year, then he would be seen as a "supplier" and the CSPA would apply to him.

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Answered on 8/23/15, 6:59 pm


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