dtmcnamara
Junior Member
Hey everyone. Just to get it out of the way I am located in Georgia.
Well about a year ago I purchased an electric instant water heater open box from an online seller while remodeling our house. I was told that the water heater box was damaged during shipment and that it had never been used. After receiving the water heater i waited a few weeks before I mounted it where it was going to be installed and called an electrician to install it. When the electrician came over he informed me that my breaker box was nearly maxed out and in order to wire the heater in I would need to upgrade my box. Well the price to do this was more than it would be for me to get a gas instant water heater so i decided to go this route. Being that it was past the sellers return window I boxed up the electric heater and put it in a closet to deal with at a later date.
Fast forward 8 months later and I am finally finishing the remodel and I realize that I still have this water heater in the closet. I pull the thing out, snap a few pictures and throw it up for sale on Craigslist. The ad states that I had a XYZ brand water heater in like new condition for sale. I stated that I purchased the heater while remodeling but then decided to go another route. I mentioned that I waited too long to change my mind and that this was the reason I did not just return it. At the end of the ad I stated that I took the item out of the box and mounted it but it was never plumbed in.
After listing it 3 times I finally get a call about the heater and the seller and I agree on a price, I was asking $500 he made an offer of $300 and I said well ****, at least im getting something back so I agreed to the price. The guy lived about 60 miles away so he sent someone to come pick the item up from me. When the guy arrives I gave him a receipt that stated I was selling him a XYZ water heater serial number XXXX for a purchase price of $350. I gave him my contact info on the receipt and verbally told the drive to him the buyer call me if there were any problems.
Well a week later I get an email from the buyer stating that the water heater was bad. He said that his plumber looked over the heater and there looks to be out outward puncture on the heater core and that it will not hold water. He then states that I need to make arrangements to come pick the item up and to refund him the purchase price.
I respond to the email and let him know that I was out of town at the moment and that when I get back I will work with him on fixing the problem. Well the next week quickly turns to hell. With a pregnant wife 6 weeks away from giving birth and a dog that needed to get emergency eye surgery this was the last thing I was thinking about for the week.
Well next thing you know I get a call from the guy, 2 weeks after the initial email. He asks when I was going to come pick up the water heater. I apologize for the delay and tell him that I was going to try and get up there this weekend. Before I can even explain the situation he says that I now owe him $550. He said that he now wants me to pay for the driver that he had to send to pick the item up, and the install/uninstall of the bad heater. Being in shock the only words that came out of my mouth were “excuse me?”. These words must have pissed the guy off because he starts to accuse me of trying to scam him. He states that I knew that the water heater was bad and was trying to pull one over on him. He continues to state that my ad was all a lie and that I was pretty much a low life scammer. I try to talk to him stating that I want to fix this and he blurts out that I WILL fix this and that a judge makes sure it is done correctly and hangs up.
I call him back trying to talk to him and he just says that he has made his mind up and that a judge will now make sure everything it fixed properly.
I call him back a second time and before I can even say anything he says that I must take him for a fool that will listen and then hangs up again.
I call him back a 3rd and final time and this time he forwards me to voice mail. I leave a message and state that I want to fix the problem. I say that I had absolutely no idea that water heater was bad and that I had agreed to fix the problem. I leave my phone number and tell him to call me so we could find common ground.
My question is what could come of this? IF we do go to small claims court, wouldn’t me giving him all my information prove that I didn’t knowingly sell him a bad item? Also IF we go to court what would you expect me to have to pay for? Im fine with giving him his purchase money back, like I have always agreed to, but would I be required to give him money for his trip to pick up the unit and the install/uninstall the heater?
Thanks in advance
Well about a year ago I purchased an electric instant water heater open box from an online seller while remodeling our house. I was told that the water heater box was damaged during shipment and that it had never been used. After receiving the water heater i waited a few weeks before I mounted it where it was going to be installed and called an electrician to install it. When the electrician came over he informed me that my breaker box was nearly maxed out and in order to wire the heater in I would need to upgrade my box. Well the price to do this was more than it would be for me to get a gas instant water heater so i decided to go this route. Being that it was past the sellers return window I boxed up the electric heater and put it in a closet to deal with at a later date.
Fast forward 8 months later and I am finally finishing the remodel and I realize that I still have this water heater in the closet. I pull the thing out, snap a few pictures and throw it up for sale on Craigslist. The ad states that I had a XYZ brand water heater in like new condition for sale. I stated that I purchased the heater while remodeling but then decided to go another route. I mentioned that I waited too long to change my mind and that this was the reason I did not just return it. At the end of the ad I stated that I took the item out of the box and mounted it but it was never plumbed in.
After listing it 3 times I finally get a call about the heater and the seller and I agree on a price, I was asking $500 he made an offer of $300 and I said well ****, at least im getting something back so I agreed to the price. The guy lived about 60 miles away so he sent someone to come pick the item up from me. When the guy arrives I gave him a receipt that stated I was selling him a XYZ water heater serial number XXXX for a purchase price of $350. I gave him my contact info on the receipt and verbally told the drive to him the buyer call me if there were any problems.
Well a week later I get an email from the buyer stating that the water heater was bad. He said that his plumber looked over the heater and there looks to be out outward puncture on the heater core and that it will not hold water. He then states that I need to make arrangements to come pick the item up and to refund him the purchase price.
I respond to the email and let him know that I was out of town at the moment and that when I get back I will work with him on fixing the problem. Well the next week quickly turns to hell. With a pregnant wife 6 weeks away from giving birth and a dog that needed to get emergency eye surgery this was the last thing I was thinking about for the week.
Well next thing you know I get a call from the guy, 2 weeks after the initial email. He asks when I was going to come pick up the water heater. I apologize for the delay and tell him that I was going to try and get up there this weekend. Before I can even explain the situation he says that I now owe him $550. He said that he now wants me to pay for the driver that he had to send to pick the item up, and the install/uninstall of the bad heater. Being in shock the only words that came out of my mouth were “excuse me?”. These words must have pissed the guy off because he starts to accuse me of trying to scam him. He states that I knew that the water heater was bad and was trying to pull one over on him. He continues to state that my ad was all a lie and that I was pretty much a low life scammer. I try to talk to him stating that I want to fix this and he blurts out that I WILL fix this and that a judge makes sure it is done correctly and hangs up.
I call him back trying to talk to him and he just says that he has made his mind up and that a judge will now make sure everything it fixed properly.
I call him back a second time and before I can even say anything he says that I must take him for a fool that will listen and then hangs up again.
I call him back a 3rd and final time and this time he forwards me to voice mail. I leave a message and state that I want to fix the problem. I say that I had absolutely no idea that water heater was bad and that I had agreed to fix the problem. I leave my phone number and tell him to call me so we could find common ground.
My question is what could come of this? IF we do go to small claims court, wouldn’t me giving him all my information prove that I didn’t knowingly sell him a bad item? Also IF we go to court what would you expect me to have to pay for? Im fine with giving him his purchase money back, like I have always agreed to, but would I be required to give him money for his trip to pick up the unit and the install/uninstall the heater?
Thanks in advance
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