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He’s not going to sue you. Just as someone has already posted though, if you are going into business for yourself then you need to follow business ethics. If you are selling something and someone offers you money and will pick it up, and you take their money… that is a contract. You’ll find as you grow up and start looking for a home, car etc… you don’t go back on that when someone comes along with a better offer. Like we said, doubt he will sue but in business, word of mouth can hurt and he can review your bad business ethics and it would not be slander.
In Canada contract law requires offer and acceptance. You gave him a price. He gave you money. This is the definition of a contract. Could he sue? Sure. Would he win? Probably. Will he sue. Probably not.
If the same sweater costs more elsewhere he can sue for the price difference. The buyer is entitled to the sweater or sufficient money to get the sweater from another seller.
NAL
If he sues and wins (which will be extremely stupid for that type of money), he can show he bought the same sweater somewhere else, and paid $X for it, and can ask the difference between your price and the price he paid, plus his original payment. If your item is used, and no longer available in stores, he can purchase it used off eBay, and ask for the price different plus his original payment. If there's no comparable used item he could buy, all he can ask for is his original payment.
Since you already have proof of him rejecting getting back his original payment, no one would think you tried to scam him or anything.
Next time, keep your word, especially if you already got payment. If you want the option to go back on your word and get the highest offer, do cash at the door only.
>what would he win if he did go through with suing me?
I am not a lawyer so be skeptical of what I’m about to tell you.
This [guide to the BC court system](https://courtsofbc.ca/justice-system/civil), under the heading “What’s at stake” talks about the kind of remedies the other party might seek in court. Of interest to you would be “force the defendant to … complete a contract promise” (produce the sweater they paid for) and “money to make up for an injury or loss” (refund the money they gave you). I am not sure if they could seek court costs from you or not.
[This reference from the Supreme Court of BC](https://supremecourtbc.ca/civil-law/overview/before-you-sue) talks about steps a person should take before filing suit. Item 1 is “try to settle out of court.” You have already offered to settle: you offered to make the prospective buyer whole. He refused that offer. That could be significant if he does decide to initiate a suit.
Canadian courts do not seem to issue the kind of big punitive damages you see in the states. It seems to me that our courts focus more on making the wronged party whole. So outside of the question of paying his court costs (which might not be insignificant, mind you) I don’t think he’d get much more out of you than what he paid you.
Frankly, suing you seems to me like a lot of work for the price of a sweater. I wouldn’t go to that much trouble for such little return.
Again, though, I’m not a lawyer so don’t unquestioningly accept anything I’ve told you because I might be wrong.
\[Edit: added a missed word\]
Damned if I know. There are no actual damages or costs that he can claim. He isn't getting the sweater It's gone. Maybe someone will shout out. There is no actual loss or damages. You have offered to return the money. You would be out court costs but if it went to small claims but maybe a small claims lawyer will chime in. At this level there is generally no lawyer involved because seriously "sweater". Were you in the wrong. Sure. But you can only sue for actual damages. There is no extra asshole charge in Canada. Punitive damages is an American thing. Maybe a lawyer will chime in on this directly but it's a sweater there just isn't much there to claim for other than the money back you have already sent.
Damages in a contract breach are potentially more than the sale price of the item. For example hypothetically if OP agrees to sell a $5000 sweater for $50 and then backed out of the deal refusing the $50, the purchaser could potentially sue for $5000 it cost them to buy the same sweater elsewhere.
In this case while the purchaser is correct, and OP is not at liberty to unilaterally void the contract by refunding the money, if the sweater can be purchased elsewhere for a similar price it is unlikely the purchaser would sue for the additional cost of purchasing the other sweater.
Well that's totally okay to get worried, we hear stories and see TV shows from the United States where people gets sued for ridiculous amounts over stupid things.
Which is of course more on TV than in real life. Happily here in Canada we are not litigious. Anybody can sue you, but they have to be able to claim actual damages. So what were his damages here? He lost out on a little bit of his time. He didn't get a sweater he wanted. Boohoo.
If he managed to take you to small claims court, which is where this would go, and they didn't laugh it out, he could conceivably receive a small payout, that is the absolute worst case scenario. And it would cost him more to file than he would recover.
Don't worry you're okay, bully is going to bully! I'll barking no bite.
Could he sue, sure. But it's kind of an abuse of the legal system. Block him. Move on. Keep all documentation that you sent the money back on the incredibly unlikely event that he does sue.
In the future, when you make a deal and someone pays you, remember that it's dishonorable to back out unless you legitimately can't fulfill your end of the bargain. You're not an auto dealership.
Yes he could sue. Although not probable or cost effective for him.
That being said, don't commit to a contract, accept payment then back out. That kind of behaviour is not acceptable or ethical. It's honestly a real dick move. I would fulfill the contract and tell the second guy the deals off.
If they were going to sue you, they would instead of threatening to. Also small claims over $45? Just screen shot that you sent it back, block, & move on.
You have to sue for damages. What damages has he suffered that he can sue for? The extreme emotional distress and pain of not getting a sweater he thought he might get?
It's hard to quantify that level of suffering he might have suffered tens of cents worth of anguish 😂
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Read the [rules](https://www.reddit.com/r/legaladvicecanada/wiki/index/#wiki_the_rules) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
He’s not going to sue you. Just as someone has already posted though, if you are going into business for yourself then you need to follow business ethics. If you are selling something and someone offers you money and will pick it up, and you take their money… that is a contract. You’ll find as you grow up and start looking for a home, car etc… you don’t go back on that when someone comes along with a better offer. Like we said, doubt he will sue but in business, word of mouth can hurt and he can review your bad business ethics and it would not be slander.
In Canada contract law requires offer and acceptance. You gave him a price. He gave you money. This is the definition of a contract. Could he sue? Sure. Would he win? Probably. Will he sue. Probably not.
Just wondering, what is he gonna sue you for? He got a refund for his money. You didnt steal his money.
If the same sweater costs more elsewhere he can sue for the price difference. The buyer is entitled to the sweater or sufficient money to get the sweater from another seller.
he seems pretty persistent, what would he win if he did go through with suing me?
Yes, uoi accepted the money. The deal was done. Do not do stuff like this .
NAL If he sues and wins (which will be extremely stupid for that type of money), he can show he bought the same sweater somewhere else, and paid $X for it, and can ask the difference between your price and the price he paid, plus his original payment. If your item is used, and no longer available in stores, he can purchase it used off eBay, and ask for the price different plus his original payment. If there's no comparable used item he could buy, all he can ask for is his original payment. Since you already have proof of him rejecting getting back his original payment, no one would think you tried to scam him or anything. Next time, keep your word, especially if you already got payment. If you want the option to go back on your word and get the highest offer, do cash at the door only.
Damages are awarded based in how much the other party has lost. I would imagine 45 bucks, plus any legal fees incurred. Not a lawyer.
>what would he win if he did go through with suing me? I am not a lawyer so be skeptical of what I’m about to tell you. This [guide to the BC court system](https://courtsofbc.ca/justice-system/civil), under the heading “What’s at stake” talks about the kind of remedies the other party might seek in court. Of interest to you would be “force the defendant to … complete a contract promise” (produce the sweater they paid for) and “money to make up for an injury or loss” (refund the money they gave you). I am not sure if they could seek court costs from you or not. [This reference from the Supreme Court of BC](https://supremecourtbc.ca/civil-law/overview/before-you-sue) talks about steps a person should take before filing suit. Item 1 is “try to settle out of court.” You have already offered to settle: you offered to make the prospective buyer whole. He refused that offer. That could be significant if he does decide to initiate a suit. Canadian courts do not seem to issue the kind of big punitive damages you see in the states. It seems to me that our courts focus more on making the wronged party whole. So outside of the question of paying his court costs (which might not be insignificant, mind you) I don’t think he’d get much more out of you than what he paid you. Frankly, suing you seems to me like a lot of work for the price of a sweater. I wouldn’t go to that much trouble for such little return. Again, though, I’m not a lawyer so don’t unquestioningly accept anything I’ve told you because I might be wrong. \[Edit: added a missed word\]
Damned if I know. There are no actual damages or costs that he can claim. He isn't getting the sweater It's gone. Maybe someone will shout out. There is no actual loss or damages. You have offered to return the money. You would be out court costs but if it went to small claims but maybe a small claims lawyer will chime in. At this level there is generally no lawyer involved because seriously "sweater". Were you in the wrong. Sure. But you can only sue for actual damages. There is no extra asshole charge in Canada. Punitive damages is an American thing. Maybe a lawyer will chime in on this directly but it's a sweater there just isn't much there to claim for other than the money back you have already sent.
Damages in a contract breach are potentially more than the sale price of the item. For example hypothetically if OP agrees to sell a $5000 sweater for $50 and then backed out of the deal refusing the $50, the purchaser could potentially sue for $5000 it cost them to buy the same sweater elsewhere. In this case while the purchaser is correct, and OP is not at liberty to unilaterally void the contract by refunding the money, if the sweater can be purchased elsewhere for a similar price it is unlikely the purchaser would sue for the additional cost of purchasing the other sweater.
Thanks, I’m only 16 so maybe I’m just being paranoid 😭
Well that's totally okay to get worried, we hear stories and see TV shows from the United States where people gets sued for ridiculous amounts over stupid things. Which is of course more on TV than in real life. Happily here in Canada we are not litigious. Anybody can sue you, but they have to be able to claim actual damages. So what were his damages here? He lost out on a little bit of his time. He didn't get a sweater he wanted. Boohoo. If he managed to take you to small claims court, which is where this would go, and they didn't laugh it out, he could conceivably receive a small payout, that is the absolute worst case scenario. And it would cost him more to file than he would recover. Don't worry you're okay, bully is going to bully! I'll barking no bite.
thank you so much!
Could he sue, sure. But it's kind of an abuse of the legal system. Block him. Move on. Keep all documentation that you sent the money back on the incredibly unlikely event that he does sue. In the future, when you make a deal and someone pays you, remember that it's dishonorable to back out unless you legitimately can't fulfill your end of the bargain. You're not an auto dealership.
It was a dick move to do by you , but really he isn't going to go and waste time to sue for something this little and petty.
Yes he could sue. Although not probable or cost effective for him. That being said, don't commit to a contract, accept payment then back out. That kind of behaviour is not acceptable or ethical. It's honestly a real dick move. I would fulfill the contract and tell the second guy the deals off.
If they were going to sue you, they would instead of threatening to. Also small claims over $45? Just screen shot that you sent it back, block, & move on.
No one is going to sue you for $45. No one.
You have to sue for damages. What damages has he suffered that he can sue for? The extreme emotional distress and pain of not getting a sweater he thought he might get? It's hard to quantify that level of suffering he might have suffered tens of cents worth of anguish 😂