Legal Question in Consumer Law in Pennsylvania

Must I refund a buyer's money for purchase never picked up

Four months ago I sold a piano for $300 to someone. He paid me cash and I gave him a receipt. He never picked up the piano although I contacted him once and then attempted to contact him a second time, but never got a response. I finally gave the piano away about a week ago, via a newspaper ad. The buyer probably saw the ad (it's a distinctive type of piano) because one day after it was picked up, I had a note from the original buyer on my door. I didn't respond, but then had a phone message from his daughter. Am I obliged to pay him back after all this time? Is it any different giving it away than if I'd just put it on the street for trash?


Asked on 5/02/05, 2:12 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Must I refund a buyer's money for purchase never picked up

You are in a legal gray area. You can argue that the buyers failure to pick up the piano constituted abandonment of the property and therefore you had the right to dispose of it as you saw fit. However, by him purchasing the property it was his and absent a written contract your attempts to arrange the property transfer may not have constituted sufficient notice to him. If he sues you expect to pay more than $300.00 for an attorney to defend you. I offer free consultations.

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Answered on 5/02/05, 2:55 pm


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