Legal Question in Consumer Law in Utah

I sold a lot of approximately 65 earphones to another person through a classifieds website, person to person, for cash. These headphones were originally bought in China and came sealed in the original boxes. The buyer asked many questions, all of which I answered truthfully and to their satisfaction. Before purchase, the buyer opened one of the boxes at random to check the quality and after a period of time assessing the earphones, print material inside the box, all accessories, and even the box itself, the buyer was satisfied and paid the agreed upon amount and took possession of the remaining earphones in their respective sealed boxes. After two days or so, they buyer now claims that the earphones are "fake" and wants a refund in full. I am concerned that the buyer has replaced the original earphones with others that may indeed be fake as there is no way to differentiate between the ones I sold the buyer and ones the buyer could have replaced with actual fakes. My concern is that since he has had possession of the earphones for more than three days now, there could have been tampering or replacement of the earphones I sold him with actual fakes. My question is is there any legal recourse for the buyer in the event I do not refund the money and am I required by Utah law to refund the money?


Asked on 10/06/12, 12:46 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

The Buyer would have to prove in court that the unopened boxes contain fake headphones. If he sues, demand that he bring one of the opened fake headphones and one of the un-opened boxes to a neutral 3rd party who can determine whether or not they are fake. If the unopened box contains a fake identical to the open box fake you should settle up with Buyer. You both may have been duped.

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Answered on 10/08/12, 7:39 am


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