QUESTION
Does a seller have to tell a buyer that a sale is final BEFORE the sale takes place?
Asked on Mar 28th, 2012 on Business Law - Ohio
More details to this question:
I purchased an item, in the state of Ohio, from a Craigslist seller. There was no "final sale" warning included in the ad, and she did not verbally say this at the time of the transaction. Hours after the transaction, I told her that I''d like to return the item for a refund. She refused, indicating that the sale is final. My understanding is that the seller must tell the buyer that the buyer''s intention is for the sale to be final. Also, I feel the condition of the item was misleading in the ad. Upon closer examination, I do not agree that the item is in "great condition" and I also do not agree that it came from a "nonsmoking home". Lastly, I feel I was grossly overcharged for the item. The item is a fake vintage Burberry coat, where I was charged $200 for it.
1 ANSWER
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In the absence of an agreeent to the contrary, sales are final unless the seller voluntarily agrees to a return of the goods. You may have a claim for a breach of an express warranty regarding the condition of the item if it was misdescribed and the breach was not obvious at the time you took possession of the goods. However, as a general matter, sales of used goods are "as is."
Answered on Apr 03rd, 2012 at 8:31 PM