I have a let's say small problem, namely I have a friend who gave me his PS4 console, including games, about 3 months ago, saying whether I can get something for it, the Playstation had heat damage plus a broken USB port and a defective drive. The 10 games that were there were quite new but also used.
my buddy said that the playstation belonged to his brother and that he had now given him the playstation.
Now my buddy wrote to me and said that the Playstation belonged to his father and that he would like to have the Playstation and its accessories again. The problem is that the Playstation and its accessories have already been sold to many different people. There wasn't much for it, 150 euro.
The problem with the story is, I only found out today that my buddy has a legal guardian, namely the father. The father told me that my buddy shouldn't have passed the console on. He sent me an audio, even several, in which he wants to make it clear to me that he would like to have his console back, and I should tell him a date on which I will have the things that have been sold, otherwise he will go to court.
Another problem is that he said he does not want the replacement value for console games and the like, and also does not want a replacement for it. He just wants his stuff back.
as already mentioned, the stuff is of course gone. And he doesn't want the money or the replacement either.
is he still right?
Can he threaten me with a lawyer and the like and would they be right?
I would get a lawyer, but they are known to be very, very expensive
I would list your version in writing (e-letter) and offer the proceeds to the father.
If you didn't know that your friend - although over 18 - is not legally competent, nobody should be able to help you.
But if you knew about your friend's "restrictions", a court could also assume malice.
As I said, I only found out today that he has a guardian. If I had known that beforehand, then I would never have done it, or would have turned to the guardian.
Ne is unwound but the constellation of the unrecognized mentally ill
You were allowed to assume in good faith that the son legitimately gave you the console / given it to you. The son is therefore liable to the father; not you.
Let the father threaten a lawsuit.
Your friend gave you something that wasn't his. It belonged to his father. Your friend told you that his brother gave him the thing. You had the order from him to make money on the matter.
So the father has to ask his son back for it, not you. The son stole his father, not you.
If the father takes a lawyer, you have nothing to fear. You couldn't have guessed that the son was lying to you.