Full question:
I sold a very nice pool table to someone and the sale was to be paid by certified check. One day after I deposited the check, the purchaser calls wanting the money back because they say their water heater went out. They have not picked up the table. Am I required to give them their money back? I think they forgot to figure in moving cost and now they want to back out of the deal. There were no warranties or guarantees provided by me. It was a straight up sale.
- Category: Contracts
- Subcategory: Recission
- Date:
- State: Indiana
Answer:
Contracts are legally binding agreements that create obligations between parties. In this case, you sold a pool table for a certified check, which indicates a completed sale. Generally, unless there is a specific provision in the contract allowing for a refund, you are not obligated to return the buyer's money simply because they have changed their mind or encountered unexpected expenses.
A breach of contract occurs when one party fails to meet their obligations under the agreement. Since the buyer has not picked up the table and there were no warranties or guarantees, it is unlikely that they have a valid claim for a refund based solely on their personal circumstances. If they wish to cancel the sale, they would typically need to provide a legally valid reason, such as fraud or a significant breach of contract, which does not appear to be the case here.
In general, the buyer's desire to back out due to personal financial issues does not constitute grounds for rescinding the contract. If they do not collect the table, you may have the right to keep the payment and resell the item.
However, if you regularly sell items like this, be aware that some consumer protection laws may apply, particularly if the sale occurred outside of a traditional business setting. If you have further concerns, consulting with a legal professional may provide additional clarity.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.