Information not disclosed to me, now threatening me with small claims court?
Alright a friend called me two weeks ago to see if I wanted a couch and loveseat for $300. I live 200 miles from her so she sent me a couple picture messages. They looked nice and she said they had nothing wrong with them at all, they just needed cleaned which she was going to do. We said ok they seemed like a good deal. We wouldn't be there for 2 weeks but would pay and pick up then.I then received a call that it looked like it might rain and the friend had the couches outside to put new furniture in the house. I had my mother-in-law open our apartment there and my family took the couches over out of the weather, they hadn't been cleaned. Now about a week ago we got to look at the couches...they are disgusting! They smell and on the love seat a recliner is broken & there are claw marks on one end. The stains are terrible but she said they should come out cuz its microsuade. Now we decided we didn't want them. So she is threatening us w/small claims court saying we made a commitment to
Answers:
Your obligation may vary by state but I would let her sue you. You should counter sue for any court costs. It's a verbal agreement but she's in breach because the couches are not in the state that she declared them to be in. Make sure that you save your correspondence with her so you can use it as evidence in court. Tell her that you want them picked up or you can deliver them back to her. You may want to check with legal aid to be sure but I can't imagine that they'll stick you with them. I do question though why your family didn't call you prior to taking possession of them, though. My concern is that it may go against you because the goods were accepted by someone representing you. Again, I recommend that you seek counsel (legal aid) just in case.
TAKE THE B!TCH TO COURT!!
She breached the verbal contract by
a) lying about the condition of the furniture and
b) not cleaning them.
You haven't paid her for them.You don't owe her a dime. The reason she is threatening to take you to court is because she knows there's no way anyone else would ever pay $300 for the furniture. She's trying to intimidate you. Don't let her.
For future reference, caveat emptor (let the buyer beware!). Don't enter into a sight-unseen contract (verbal or otherwise) as the risk is put entirely upon you. Fortunately, in this case, you hadn't paid her any money so she can simply re-take possession of the couches and find another buyer.
While it is buyer beware, she did agree to clean them. She should clean them now. You should have a countersuit for the cleaning.
If you didn't pay for them, return the couches to her immediately. She has her items and has been made whole. She can resell them then.
IF she said she would have them cleaned and that there was nothing wrong with them . . . then she did not hold up to her side of the bargain and you have nothing to worry about.
Sue you? for what, changing your mind.! Don't worry she doesn't have ANYTHING on you..she can't sue you the case would be dismissed in a second! you didn't even pay her yet!
its missrepresentation on her part hunny ...dont worry let her sue away just make sure you have copies of the e-mails as well as the pictures you recieved from her .get some of what the furniture actually looked like as well. you can clearly show with these things that she was being deceptive when she told you about the condition of the furniture,,,,
Did you already pay for them? If not give em back. You have no legal obligation to buy them if they were misrepresented. If she is acting like that then that doesn't seem to be someone you want as a "friend". If she won't take them back then leave them "outside" where she had stored them for you to pick them up.
If u ask me she is just trying to cheat yourout of money
Your agreement was that she would sell you a sofa and loveseat that had been CLEANED. What she produced was uncleaned furniture. She failed to uphold her end of the bargain, so she will lose in court.
she didnt do her half and she also lied about the shape of the furnature, show the judge what she gave you for pictures, and show him/her pictures of the furnature that you took, make sure to include the scratches in the furnature, and show where it is broken. you should win the lawsuit
so? your friend does not have a case. obviously take the couches back. then ignore it. it doesn't matter about your mother in law taking them the original verbal agreement is void. i wouldn't be friends with that person. the worst that could happen is that your friend could claim the damage happened after the couches were picked up. your friend isn't going to have evidence of this though. so there is no case.
You don't owe her a thing. Any verbal agreement is void because no consideration was provided, meaning a contract cannot be formed. Let her take you to court if she wants to.
As long as nothing is in writing it is your word against hers.
Your advantage is that you have the couches in your possession. You should take pictures of them showing all the crap you described and take them to court with you to show to the judge or arbitrator.
I would however,try talking it over with your friend and try to salvage the friendship, which is far more important than a couch set. Think of it this way: if you threw a party for your friend it would probably cost you 300 or maybe more. Why don't you say, "Hey, b***, since your couches suck I'm using the money for a housewarming party. Be at my house by seven and be ready to drink, dance, and have fun cause it's your money!"
If she said there was nothing wrong with them, and you think there was, then she misrepresented them. I don't think she can take you to court over that! You didn't sign anything saying you would buy them. And the items weren't in the promised condition. Is she a close friend? Some friend!
She can threaten all the day long. Check out the site of clerk of the county court office where this person resides and look for info about filing a small claim.
I'll bet that the cost alone is somewhere between $75-$100.
She'll also have to provide evidence that she suffered damages because she rejected other comparable offers while holding the furniture for you [affidavits from perspective buyers including information about why they won't purchase now as well as proof of advertising costs]
In the event that this "friend" is whacko enough to try to file a claim [and the clerk's office doesn't tell her that she does not have sufficient cause for claim] , from what you've described here there is nothing that constitutes agreement and acceptance.
This person is just blowing smoke.
Don't worry.
Well, you didn't have a written contract, but your representative took possession of the furniture. On the other hand, your friend misrepresented the condition of the furniture, nor did she clean it as promised.
Do you still have copies of all emails leading up to the transaction, including her statement of the condition of the furniture? Make sure you do.
First of all, take pictures of the furniture, showing everything wrong with it. Secondly, write down everything in narrative format to document all the events, including the names of anyone involved such as your MIL, and all dates. At this point, do not talk to her without a witness and document everything that is said. Write her a letter, explaining that the furniture was misrepresented, is dirty, smelly, damaged, and broken and that you want her to come and get it within one week after receipt of the letter or else you will drop it off at the location your MIL found it. Mail the letter registered, return receipt.
If she refuses to come and get it, then take it back to her place and take a photo of the furniture sitting in front of her house. Hopefully you'll have a camera that can time/date stamp the photo.
I seriously doubt that she is going to take you to small claims court. But if she does, just take all of your documentation (ensuring it is well organized), your photos, and your witnesses and just tell the judge what happened. Stick to the facts and don't get sidetracked onto other issues. Be calm and professional and speak clearly and concisely. You'll do fine.
You really need to be contacting a local lawyer or legal aid office in your area.
Most small claims courts will not deal with cases lower than five hundred dollars, and the legal fees are going to be a lot higher than that.
You should make copies of the original pics she sent you, and take pictures of the couch and loveseat as they look in person.
If a lawyer tells you that she has no case, you do not have to pay her anything.
Three hundred dollars is not a lot of money for two pieces of used furniture, but if it is too dirty to be of use to you, you should not owe her anything.
I would be more concerned with a "friend" who mistreats your friendship and sells you dirty, smelly furniture. Most true friends would not abuse their friendship in that way.
Good luck.
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