It seemed to me that both June and AC Access were equally responsible for the loss.
June should have contacted her building’s managing agent before making the purchase and gone over with AC Access what the co-op needed before making the purchase.
AC Access is still holding the entire down payment and also has the equipment in his possession, although he lost the benefit of the bargain that he made with June some years ago.
It would be unfair for him to keep the entire down payment.
He said that he may be able to make use of the equipment with another customer. I suggested that if that was not possible, he might be able to sell it on e-Bay. He said that he would try.
I decided to hold AC Access liable for $2,500 or 50% of the down payment with court interest for the years that AC Access held June’s money.
Do you agree?