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Egad

Guest
What is the name of your state? Massachusetts

I put up an item (a laptop) on ebay about 3 months ago. The item did not sell on ebay, but someone seen it and wanted to buy it outside of ebay. So I agreed to do so.

I then got a nasty email from him saying that the laptop stopped working after 26 days -- it just went black and that was it, and now he wants to sue me if I don't give him his money back. He claims that he took it to several computer retailers and they said that the motherboard was bad. I had this laptop for 2 years and it worked perfectly fine. The only thing that was wrong with it was that it had cracks on the hinges, which I have stated in the auction -- this includes a picture of the cracks. These cracks are a known issue with these laptop models and could be found all over the net. He claims that we knowingly sold him a bad laptop and now he wants to sue me. The laptop had no issues and work fine for me. When he received it, it worked fine for him (for 26 days he claimed).

So I have to pay him back?
 


E

Egad

Guest
Did you state it was "as is"? Did you include a limited warranty of any sort?
What state is the buyer in?
cmorris,
The buyer is in Florida. I did not say the product was being sold "as is". The buyer knows that there is no warenty left on the laptop prior to buying it. This was something that I told him via email. I never mentioned anything about providing any warrenty either. I told him that it was in great working condition -- which it was in my posession and his for 26 days. If there was anything wrong with it, other than cosmetic, I would have not sold it. It never acted up on me; and he received it in that great working condition, just like I told him.

If the laptop did not work when he received it, I would have just given his money back. But after 26 days. How do I know he didn't do something to it. If I didn't say that I'm selling it "as is", does that mean that I'm in deep trouble? I described the item as well as I can. Every question he asked was answered truthfully.

I dont know what to do at this point -- he's threatining to sue me.
 

cmorris

Member
He's in FL and you're in MA. There is not much he can do unless he wants to take you to court in MA. He could try and sue you in FL, but all you have to do is submit a document (not sure which one) that states the transaction took place in MA.

Even if he does sue you in MA (I doubt it), I do not think he has a case. But, it completely depends on a judge, assuming it gets that far.

Hopefully, an expert will respond to give you more accurate and detailed info.
 
E

Egad

Guest
First, thank you for the replies so far.

I did not put "AS IS" because I read that "AS IS" has no meaning in Massachusetts. I may have understood it the wrong way, but not sure.

Do I now have to find a lawyer? What are the probablities of him having a case?
 

cmorris

Member
I would not retain an attorney at this point. You may want to consult with one that has free consultations.

Depending on the amount of money involved, it could just be small claims (again, if it ever gets that far).

Assuming everything you said is truthful, I wouldn't worry about it. You didn't provide a warranty. It worked for almost a month with no problems. No one will know for sure if it was faulty when you sent it or if he did something to it.

Relax!
 

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