I recently sold a wireless headset on craigslist. The item had never been used, was still in original box with all plastic wrapping sealed and was advertised as such. Later that night the man who purchased it called me and claimed it was defective... he asked for the receipt, which of course I do not have or I would have just returned the item to the store for the full amount paid. He is now asking for a refund. My issue is this, he is the first person to have taken it out of the plastic, so if it is indeed defective than I would not have known that when I sold it to him. Secondly, how do I know he did not replace a broken one with the one I sold him and is claiming the one I sold doesn't work... and lastly, I already spent the money and really don't have it to give to him. Now he is blowing up my phone and I'm not sure what my obligation is.

You are not obligated to him, sunshine, he bought it sight unseen off a website. I don't know why he expects a refund. Next time you advertise something include a disclaimer.

Tick

He did actually see it, I met him at his office and he opened the box and looked though it. It was not tested (since we were in a parking lot) but it didn't even occur to me to have him test it since it was still sealed in shrinkwrap. When I've sold used items in the past I always have the buyer test them so there is not as much opportunity for this kind of problem.

Okay, sunshine, still he walked away with it after handing you the money. You are still not obligated. How much money is involved ?

Like tickle asked, how much money are we talking? Is the headset not working because it's defective, or is it not working because it's not compatible with his phone?

I'd arrange to meet with him again. Personally test the headset yourself, if you can. Tell him if he wants a refund, he needs to bring all the original packaging; if you do give him a refund, make sure he signs a receipt stating that you refunded him in full, and nothing more is owed to him.

$170. The unit sells new for $270 plus tax, since it had never been opened I listed it for $200 and accepted his offer of $170. Even if I do test the headset, who knows for sure if it is the same headset I sold him. This particular model is very popular, so for all I know he had a broken one and switched it with the new one and now wants a refund...

Quote:

---

Originally Posted by sunshine2618

$170. The unit sells new for $270 plus tax, since it had never been opened I listed it for $200 and accepted his offer of $170. Even if I do test the headset, who knows for sure if it is the same headset I sold him. This particular model is very popular, so for all I know he had a broken one and switched it with the new one and now wants a refund...

---

What problem is he having, exactly? Does it not turn on? Does it not connect to his phone?

How long ago was the sale?

I'm not sure what the exact problem is, he just told me it is defective. It's for a land line, the kind a telemarketer would use... so it should work with any phone. The sale was just yesterday.

Well, you can either give him a refund or not. It's up to him if he wants to sue you.

If he does take you to small claims, you'll both go to court - he'll say it's defective, you'll say it was brand-new out of the box. The judge will believe one of you over the other.

Who cares what the problem is with the headset.He bought it when sealed and if he didn't want it or was unsure about it then he should not have opened it.Next time always say "as is".

Quote:

---

Originally Posted by lucytwo2

Who cares what the problem is with the headset.He bought it when sealed and if he didnt want it or was unsure about it then he should not have opened it.Next time always say "as is".

---

Because it might be a compatibility issue, which means the OP isn't liable to refund the money. The buyer is responsible for making sure it will work with their equipment, not vice versa.