I sold a man some jewelry on craigslist with a certificate of authenticity for the gold, diamond, and gemstone. We gave him a receipt, written right on the certificate, that said, “I (name) sold a 14K (item) for ($$$) on (date) as is.” He took it to a jeweler and found out the gold was plated, so he got…
Actually, yes, you did have to give him his money back. You represented the item as being 14K gold, when it wasn’t. And the CoA is false (if it states that the item of jewelry is 14K gold, and not gold plated), so you can’t use it in future transactions.
He’s allowed to sue you, but I rather doubt that he’d win, or get anything if he did win. He’d have to show some sort of loss because of your actions. He might have been planning to flip the jewelry, and had a buyer lined up, but then found out that the jewelry wasn’t as advertised.
They can sue for anything. In the case you describe, he could WIN for fraud, but the damages would be limited to the refund you already gave him. ‘As is’ doesn’t get you off the hook for claiming the item was 14K gold when it was actually gold plated. Missed opportunities CAN’T apply unless he can PROVE he had the opportunity to buy a specific item of REAL jewelry and lost that chance as a result of your fraud.
Note: A certificate of authenticity is worth LESS than a blank sheet of paper, especially when the item ISN’T authentic. You shouldn’t WANT it back.
No. You sold it to him, he bought it from you. He wasn’t happy, he complained, he got all his money back. He can try taking you to court but he will have to pay in the first place to actually bring a case against you and if he loses he will have to pay all the court costs and he will have to prove that you have done something wrong. You haven’t. If he brings a case, it’s up to him to prove the burden of guilt. I wouldn’t worry about it. Even if he does start a court case, there is no evidence, proof or crime.
Yes, he can take you to court (they let all suits move to at least the 1st hearing). No, he will absolutely not win. He could never prove the damages. I would not sweat
Anyone can sue anyone for anything. Missed opportunities is an accounting term. It refers to money one could have made. It is not an element of damages in a breach of contract action.
Sounds like small claims court will take you there, themselves.