• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

sold a laptop

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

sourhe

Junior Member
What is the name of your state (only U.S. law)? SC

I sold an laptop on CL. The guy came to my house and we operated it for 30 min. Everything worked. He was satisfied, paid cash and left. (We didn't do a receipt). A few days later he calls and says the computer didn't work the day after he bought it and so he took it to a factory store to have it checked out. The tech there said that the computer had serious issues and I shouldn't have sold it to him. He said he either wanted his money back or to split the cost of the repair. ($300, I sold it to him for 325). I said that it worked when he left and it was a done deal. A fews weeks later I get a small claims court summons for the 325 plus court costs. Does he have a case?
 


B

BL

Senior Member
sourhe said:
What is the name of your state (only U.S. law)? SC

I sold an laptop on CL. The guy came to my house and we operated it for 30 min. Everything worked. He was satisfied, paid cash and left. (We didn't do a receipt). A few days later he calls and says the computer didn't work the day after he bought it and so he took it to a factory store to have it checked out. The tech there said that the computer had serious issues and I shouldn't have sold it to him. He said he either wanted his money back or to split the cost of the repair. ($300, I sold it to him for 325). I said that it worked when he left and it was a done deal. A fews weeks later I get a small claims court summons for the 325 plus court costs. Does he have a case?
Click to expand...
Most likely not , but what are the specific serious issues ?

What did your Ad state ?

Did the buyer provide you with the estimate of repair with the serious issues listed ?
 
S

sourhe

Junior Member
CL ad

"I have an IBook laptop that I no longer use, clean install w/ Tiger
still have the original box and papers
I will include the travel bag
everything works, nothing broken, no scratches

o M9846LL/A: (Retail $999) 1.33 GHz; 12 in display; 40 GB hard disk; slot-load combo drive (DVD-ROM/CD-RW)
o 512 MB memory (expandable to 1.5 GB) at 333 MHz; ATI Mobility Radeon 9550 graphics processor with 32 MB video RAM; Sudden Motion Sensor
(parks the hard drive head if the iBook is dropped); scrolling trackpad; Bluetooth 2.0+EDR
o Slot-load combo drive (DVD/CD-RW)/SuperDrive (DVD-R/CD-RW)
o AirPort Extreme Standard
o Mac OS X v10.4 "Tiger"
iBooks offered several ports on their left side, including a Kensington Security Slot, modem, Ethernet, Firewire, 2 USB, video out and headphone."

he had a copy of the report, stated that the harddrive was making noises and the trackpad was not working.
 
C

cyjeff

Senior Member
sourhe said:
CL ad

"I have an IBook laptop that I no longer use, clean install w/ Tiger
still have the original box and papers
I will include the travel bag
everything works, nothing broken, no scratches

o M9846LL/A: (Retail $999) 1.33 GHz; 12 in display; 40 GB hard disk; slot-load combo drive (DVD-ROM/CD-RW)
o 512 MB memory (expandable to 1.5 GB) at 333 MHz; ATI Mobility Radeon 9550 graphics processor with 32 MB video RAM; Sudden Motion Sensor
(parks the hard drive head if the iBook is dropped); scrolling trackpad; Bluetooth 2.0+EDR
o Slot-load combo drive (DVD/CD-RW)/SuperDrive (DVD-R/CD-RW)
o AirPort Extreme Standard
o Mac OS X v10.4 "Tiger"
iBooks offered several ports on their left side, including a Kensington Security Slot, modem, Ethernet, Firewire, 2 USB, video out and headphone."

he had a copy of the report, stated that the harddrive was making noises and the trackpad was not working.
Click to expand...
Were does it say, "As is"?
 
J

JETX

Senior Member
cyjeff said:
Were does it say, "As is"?
Click to expand...
It doesn't have to say 'as is'. That is the case as a default... unless a warranty is provided.

To the OP.... respond to the notice with a 'general denial' asking for a hearing. Send to court AND plaintiff.
Then, on the date/time noticed, show up and present your case. Based solely on your post, I think you have a better than likely chance of defending against his claim.
 
C

cyjeff

Senior Member
JETX said:
It doesn't have to say 'as is'. That is the case as a default... unless a warranty is provided.
Click to expand...
You mean like "everything works, nothing broken, no scratches".

I am not saying the OP will lose. I am saying I can see both sides.
 
F

FarmerJ

Senior Member
Plan on going to court , with computers once the buyer got it home there is no way to know what he added to it that could have changed the machine
 
S

sourhe

Junior Member
The computer did work when he left my house. If the trackpad wasn't working I think he would have noticed. It worked fine when I was showing the features and functions of the machine.
 
B

BL

Senior Member
sourhe said:
The computer did work when he left my house. If the trackpad wasn't working I think he would have noticed. It worked fine when I was showing the features and functions of the machine.
Click to expand...
Your argument will be you and the buyer spent at least a 1/2 an hour going over the features ( plenty of time to test it and see it work ) .

The buyer will have a ( i presume you mean factory authorized repair facility ) estimate of defects dated the next day.

That being the HD makes noise .

Your response will be , the buyer heard and seen the unit work at the time of sale . There was no warranty - stuff happens .

The buyer will say the trackpad doesn't work .

Your response will be , I showed him it worked the day of the sale . It worked .I don't know what he did with it from that time forward .

He had no problems with it the day of the sale. It obviously worked to his satisfaction and paid for it .

I will note : I find it ironic for CL's posters to include the original sales prices when selling an item that's not worth what they are asking for it .
 
Last edited:
S

sourhe

Junior Member
thank you all for the advice, hopefully the judge will see the same points.

regarding the retail price on ad, I had found a specifications page and copy/pasted, no edit.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top