What shouldI do ifI sold an item “as is”but the buyer has stopped payment on the check?
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What shouldI do ifI sold an item “as is”but the buyer has stopped payment on the check?
I recently sold a set of rims and tires on-line for $450. The buyers came from 2 hours away and picked them. They were sold “as is”. They cut me a check and we were both on our way. However, a few days later I received a call from the buyers saying that they stopped payment because they said one of the wheels was unsafe (which I was unaware of). Theyare refused to pay and told me that if I want the wheels back I have to drive 2 hours north to get them. I feel that this is unjust. I’m unsure how to handle this.
Asked on August 26, 2010 under Bankruptcy Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If you sold the wheels "as is," then unless you knowing committed fraud (e.g. intentionally misrepresented or lied about their condition), the sale would be final. By stopping payment on the check, the buyer has breached the contract and you could sue him. Of course, the question is, would be worth it? You could sue in small claims court, but that still takes some time, effort, and cost, and winning is never guaranteed--e.g. suppose the other side can convince the court you did know of the defect and hid it? You are probably best served by trying to negotiate some settlement--e.g., to avoid a lawsuit, even in small claims court, will the other side at least pay the cost of UPS'ing the wheels back? Or would they be willing to buy the set for, say, $325 or so dollars (discounting for one bad wheel)? Etc.
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