Sales Agreements and Refunds
Author of this post: Jean Perwin | About Blog Authors »By Jean Perwin
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Hi Jean,
I recently sold a package of CPA review materials to a private party. The package was from the year 2005 and I sold it for $500. It has been two weeks since the sale and now the private party is asking to return the package and that I refund his $500. He is threatening to take me to small claims court and file an ‘injunction’ if I do not refund the money. He is claiming that the package is “not what he was looking for”. Personally, I believe he may have just read/copied the pages that he needed, and now he wants his money back to get out of the deal. What recourse do I have if he files in small claims court?
Thank you!
Katie
Dear Katie,
Is this a package that you created or are these commercially created materials that you purchase to study for the exam? If you did not create them, did the purchaser see the materials before he paid for them? I assume there was no sales agreement. If my assumptions are correct, I don’t see any legal basis for him to get his money back. As long as he knew what he was getting and he got it, it’s not likely he will have the basis for a small claims court action. There would have to be some type of misrepresentation for there to be the basis for a claim. Your defense is—he knew what he was getting and he got what he paid for.
Best,
Jean
