Sales Agreements and Refunds

by Jean Perwin | June 13, 2008

By Jean Perwin

askjean.jpg

Design-related legal, copyright, trademark, or intellectual property rights confusion? NoD guest author and legal expert Jean S. Perwin is taking questions. If you have questions for Jean, email them to us using editor (at) notesondesign.net. Jean will reply to questions frequently here under the “Intellectual Property” category of NoD.

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

Jean Perwin is a Miami based attorney who specializes in Intellectual Property Law, Entertainment, and General Corporate Law.

NoD Newsletter

Enhance your inbox with our monthly newsletter.
NOD Newsletter - Divi Bar
Sending