Chico, CA asked in Small Claims for California

Q: which person is liable in this situation

an item was sold to a friend with written agreement that he would pay an amount for it on a certain date. he agreed to buy the item in the current condition it was in. come the date of payment, he says that he had to hire someone to clean the item and that i am to pay for it. i have not received any compensation for the item and currently being asked to pay suddenly as the item was agreed upon already

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: The buyer is responsible to pay according to the terms of the written agreement. I assume his "agreement" to take the item "as is" was in the written agreement. Even if not, he does not have much to say if the need for cleaning was obvious from a visual inspection, versus something hidden and internal, not readily visible. It would be helpful to say what the item was rather than just "the item." if it was a toaster versus a mobile home, this would make a difference.

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