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Help Emergency: Should I refund a second-hand bed?

myrolia(过生日的马铃薯)
I sold out a very good quality second-hand bed to a girl for $280, I was still sleeping on that bed even when she came to move it out. She came to my place after 3 weeks, and she said that she found some insects in the mattress and they bit her all her body. She asked my refund. I said I could refund her if she move the bed to my place. She refused since she have no van. Now she moved the bed outside and caught a heavy rain, then I said I will not want it back any more. She said she will sue me for more money.

Should I refund a second-hand durniture? Even after it was damaged?

Thanks a lot!
(#1350677@0)
Last Updated: 2003-8-29
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  • 枫下茶话 / 法律 / Help Emergency: Should I refund a second-hand bed? -myrolia(过生日的马铃薯); 2003-8-29 {603} (#1350677@0)
    I sold out a very good quality second-hand bed to a girl for $280, I was still sleeping on that bed even when she came to move it out. She came to my place after 3 weeks, and she said that she found some insects in the mattress and they bit her all her body. She asked my refund. I said I could refund her if she move the bed to my place. She refused since she have no van. Now she moved the bed outside and caught a heavy rain, then I said I will not want it back any more. She said she will sue me for more money.

    Should I refund a second-hand durniture? Even after it was damaged?

    Thanks a lot!
    • I don't think so...but how are you going to deal with it, it is up to you. -dropoutinmiami(饺子-坐等天上掉馅饼); 2003-8-29 (#1350680@0)
      • Thank you, dumpling. She said she has enough proof to sue me since her friend saw the insects on the bed also. -myrolia(过生日的马铃薯); 2003-8-29 {468} (#1350734@0)
        She said she have enough proof to sue me since her friend saw the insects also. She showed me her body which has a lot red spot, I said I 'd like to refund her from my sympathy. Now I still would rather refund half of price even the matress was damaged by heavy rain, and she can keep it or whatever she like to do. She said NO and insisted to sue me for the whole refund or even more. I am wonderring what is possible result according the law here?

        Thanks a lot!
        • 在我看来，从法律上没有什么依据可以起诉你。至于你愿意怎么处理，完全看你自己的。买二手床垫本来就有潜在的可能性有虫子，所以有些人会请专门的公司清理。如果you sell as it is, I don't see anything wrong on your side. -dropoutinmiami(饺子-坐等天上掉馅饼); 2003-8-29 (#1350831@0)
          • if you decide not to give back the money, don't say anything more. Saying too much is not wise. -dropoutinmiami(饺子-坐等天上掉馅饼); 2003-8-29 {276} (#1350839@0)
            In my mind, you have done all reasonable things: offer refund but she wanted you to get it back. offer half of the price, that is nice gesture too.

            But you have to remember, you are the person who will make the decision and live with whatever consequences. 所以仅供参考：）
    • Whether to refund is up to your discussion with the buyer. But it must be the same condition as you sold. Since she has damaged the goods, absolutely no refund is necessary. -ado(共产主义接班人); 2003-8-29 (#1350740@0)
      • All my western friends said I should refund her all even more for her body to avoid trouble, and my Chinese friends say not necessary, unless I was sure there were insects when I sold it out. -myrolia(过生日的马铃薯); 2003-8-29 (#1350755@0)
      • And the thing is, as what I said before, I was sleeping on that bed at the moment when she came to pick up the bed, and I complained she come too early and I did not wake up. -myrolia(过生日的马铃薯); 2003-8-29 {119} (#1350763@0)
        Now she said she can prove there were insects on the bed since it is no way to grow so many insects in such short time.
    • did u know the insects before selling to her? -frankbd(三 缄 其 口); 2003-8-29 (#1350788@0)
      • Of course I do not know. I love that bed a lot, the only reason I sold it is my new apartment is so small, only 7 spare metres. I moved in here Aug4th, and sold it out Aug8. -myrolia(过生日的马铃薯); 2003-8-29 {100} (#1350898@0)
        If I know that, I won't move it in my new place, now I am worrying whether my room has insects too.
    • 我觉得不用管， 这种YARD SALE似的东西风险是自己承担吧。 私人买车啥的受骗的不也吃哑巴亏吗？ -ningxin0809(雁影行洲); 2003-8-29 (#1350836@0)

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