If a good was sold and the buyer sues for a rescission because of a misrepresentation of the good during the transaction, can this lawsuit be filed in the Small Claims Court?

1 Answer 1


IANAL, and I do not live in the USA (but I have been to the local "Small Claims Court" on occasion, and normally win) , but yes, you can file suite in the Small Claims Court.

That said, assuming your small claims court is typical, I would not sue for rescission, or go along using complex legal terms - simply explain - in simple English - what happened and why you want your money back. (I would be surprised if the court/tribunal would award anything other then money) [ I looked at form sc100 from California Small Claims court, and it seems very straight forward - it looks to me like - even more then typical - this forum is designed for remedy for "small people", and does not expect participants to have legal knowledge.

  • I asked using the name rescission because this word is common in my natural language (Portuguese, which is Latin based, as most legal terms). I already looked into the form SC100, but it just says that we can sue to collect money. There is nothing stating that the judge can also order a seller to accept the good back and return the money paid, so I wondered if the Small Claims Court is also suitable for such cases. Can you complement me this information? Commented May 13, 2016 at 17:34
  • The court would be suitable for the case, but Im not 100% sure that they would be able to reverse the sale (they probably can). They should, however, be able to compensate you to ”make you whole” - if you go to court and its practical, have the item with you so you can give it back then and there if the other party is to big to ignore the judgment.
    – davidgo
    Commented May 13, 2016 at 19:09

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