Legal question about second hand product transaction

Dear AgonyUncle,

I sold my iPad2 to a guy one month ago.

He offered the deal price, and I accepted. And at that time, I forgot to bring the right charger to him. After one month, due to the fact that we cannot make a time slot available for both of us, I passed the right charger to him.

But Now, he complained for 2 things:

1. Too high selling price.

2. Problem when using bluetooth on the iPad.
He complained that I sold him a broken machine to him intentionally, which is not true.
I don't even think the problem he met is really because "The machine is broken".

The machine is still within guarantee period, till late April.
I told him if he really think there is device issue, he should go to the customer service of Apple. But he refused.
Now he requested at least $75 refund to him, or he will sue me.

Although I think his request is ridiculous, I think I still need your advice about the whole thing.
The point is that, I don't think I did wrong. But I would like to hear your professional advice.

Thank you a lot in advance!

Best,
Waterymercury


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1 个回答

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Reply from Agony Uncle
From what you described the transaction took place more than a month ago. In law he is estopped or precluded legally from complaining that the price is too high or that there is problem on the i-Pod. In law there is a maxim “caveat emptor” ie buyers beware. So you need not refund him and if he decided to sue you the legal fees involved could buy him several brand new i-Pad.

Under this doctrine the buyer could not recover from the seller for defects on the property that rendered the property unfit for ordinary purpose. The only exception was if the seller actively concealed latent defect in otherwise made material representation amounting to fraud.

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  • 蒲莉 提出于 2019-07-18 22:13