Lens dust and legal threat.

Started Mar 31, 2013 | Discussions thread
happysnapper64
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Re: Lens dust and legal threat.
In reply to bhollis, Mar 31, 2013

bhollis wrote:

miked58 wrote:

bhollis wrote:

miked58 wrote:

Perhaps some forum members can suggest sensible ideas.

I sold a used lens in mint condition, unmarked and fully functioning. I did the usual check and ensured no visible dust or fungus, went over every feature etc.

Several weeks later the recipient is threatening legal action unless I refund the entire money. They complained dust was now visible in the lens.

They said the dust had been there for years and that a shop had verified this. My response was I believe fair and I can not see how you determine when dust entered. I have offered to get the Canon service Centre to look at it if necessarily at my cost.

The purchaser is aggressive and not prepared to consider anything but a refund or legal threats.

I think you'd be better served directing this question to a lawyer rather than a bunch of amateur photographers.

As it is a public holiday here I have no chance of contacting a lawyer. Perhaps people who can contribute ideas may point me in the right direction as to the best course of action.

Here's the problem.  What you're ultimately concerned with here is whether or not the buyer will prevail if he sues you.  And only a lawyer, who knows all the facts, can give you a good answer to that question.  Any opinions or suggestions you get here will just be guesswork.

If the buyer is pressing you, tell him you want to think about it and will get back to him.  Then talk to a lawyer on Monday.  If you don't want to talk to a lawyer now, then it appears you only have two options:  tell the buyer no and wait to see if he sues you; or give him his money back.  Problem is, without talking to a lawyer, it's hard to know which of these two opitions is the better one.

Better still, let's hope one of our DPR members is a photographer & a lawyer, & would be willing to give a bit of advice, free or otherwise. How about it guys?

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lee uk.
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