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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69546
Experience:  Over 5 years in practice.
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I sold some baby clothes that my children have outgrown

Customer Question

I sold some baby clothes that my children have outgrown privately. The person who purchased them came to my house, inspected them, handed over the money and took the items. They have since contacted me to say that they want to be refunded some money because there aren't as many items as I approximated in my advertisement - I think that they are lying. They have said they are taking me to small claims court as in my advert description they do not think that the amount of money I said I spent matches the number of items I have sold, but they had these figures beforehand and inspected the items before purchase, so do they have a case? Thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Yes, they do. Even though this is a private sale there is still a requirement that the items be as you described. They can rely on the law of misrepresentation.

If you are saying that they are wrong on that point then that is a defence.

The suggestion of a misrepresentation is rather undermined by the fact that they did inspect these goods but I don't know whether they are saying that there were more than could be counted?

It is quite unlikely to lead to the small claims court anyway. It is very easy to say that they will sue and a lot harder to do it.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
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Expert:  Jo C. replied 1 year ago.

Can I assist further?

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