Bunk Computer Sold

[fanbab2001]

What is the name of your state? VA

I sold a laptop computer for a friend of mine to someone that wanted to buy one from a previous buyernh. I had to take a check from the person b/c of no cash...so he made it out to me. I made sure to turn the laptop on to show the buyer that it was in working condition. I did tell the buyer that if anything is wrong to let me know and we would try to get another computer (he had several he was selling at the time). About a week later he called telling me that it wasn't working. I agreed to take it back and my friend put a new hard drive on it and we gave it back. He called back and stated it still didn't work.

Now he is taking me to small claims court and asking for double what it was sold to him for.....

Am I responsible for this?

 

[cpusrvc]

I am in the computer repair business. Generally there is no warranty on used equipment unless you provided one. However, "didn't work" in computers isn't very specific. When you installed the "new" hard drive, was it a NEW hard drive, or a used one? I presume that when the hard drive was installed, the operating system was installed also along with the correct drivers (modem, sound, network, etc.). It also needs to be determined if it is a hardware or software issue. Did it work properly when it was returned to the buyer? Does the equipment turn on at all for the buyer? Does it "crash" when the operating system was loading? Does it freeze after running a while? Does it reboot spontaneously? Does it not get on the internet? Did it get a virus or other malware? Did the buyer do something to it? (I had one customer who installed software that discussed resolving problems and he reformatted the system ... saying the software suggested it). Computers are unlike most other items ... they are made to be modified by customizing, configuring, updating, etc. Even brand new computers don't come with any warranty on the software. So, if a warranty is provided, it is only that the equipment is functional. It wouldn't have to even boot up, assuming that was a software problem, as long as it did when he got it. Even with a warranty, he would have to show thru repairs made by a competent technician or expert testimony of a technician that the problem was with the equipment and not something he could have done. And dropping a laptop, for example, can cause any number of problems with the hardware.

 

[fanbab2001]

When I gave the computer to the gentleman it was in perfect working condition with Windows Operating System. A week later he called stating it didn't work. The computer shut off halfway loading up Windows Operating System (the upgrade package).

After we took it back and installed another hard drive (Im not sure if it was used or brand new)....the same thing happened when they tried to upload the Windows upgrade package....it would load and then just cut off completely.

Like I said, now he thinks I owe him the money he paid for the computer (IBM Thinkpad ) and like you said, anything could have happend.

Does the description of the problem clarify what could be wrong with it? B/c the computer turns on I believe.

 

[cpusrvc]

It sounds like it's his responsibility. If it was working properly when he got it, that should take you off the hook. First, most windows upgrades (to the same version as is on the computer) are quite sizeable and can take hours with dialup ... so something in the upgrade process went wrong. That's not your problem if he wanted to upgrade the product. The responsibility rests soley with him and maybe Microsoft (that will go nowhere, of course, but he can sue them anyway). If an upgrade doesn't work, it's not your fault. You're not responsible to make a used computer into the latest computer. Even new computers aren't warranted for future upgrades. Was he upgrading from a Win98/ME to XP? Many computers can't do that. Microsoft has many pages of info on incompatible hardware. Did he bother to check that? It would be his responsibility. Even if you provided a warranty, you could not (and hopefully, did not) guarantee upgrade compatibility.

Assuming the item was sold with a warranty, to win in court, he'd have to get the computer fixed by a competent technician ("expert witness") who would have to identify what was wrong and why it was under a warranty. Almost an impossibility anyway (short of physical damage), and virtually no way in this situation (assuming you didn't guarantee upgradeability).

That being said, there is also the issue of the copy of Windows ... did you give him a valid license? Windows is licensed to the user. You can sell your copy, but you have to give it up completely and not use it on any other computers. If you knowingly gave him a copy without a legal license, then that's a crime. "Everybody does it" won't cut it with the court. In fact, if you were to admit that you knowlingly used an illegal copy, he could have you arrested ... a judge is responsible to uphold the law (don't know if he would, but the possibility is there). If the buyer knew it was an illegal copy, he could be in trouble too. Then who knows what the court would do.

So, I don't see how you could be responsible for the computer failure due to his actions.