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Are small claim judgements awarded on intended meanings or literal definitions?

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MillerB

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

Hello, everyone!
I'm looking for some legal advice here regarding the precision of language in a contract.

I sold a washer/dryer unit in working condition (no proof, i.e., videos of it working). Two weeks after the sale, the party who I sold this unit to says they had a technician come and look at it and he says it's missing essential parts needed to work.

The contract I signed with this party states that I sold the unit in working condition and "I agree to take the washer and dryer back if it is not in working condition."

The 2nd party says I can't prove that I sold it in a working condition and owe them a refund.

I said they cannot prove I didn't sell it in a working condition and the contract I signed says nothing about returning money.

Who has legal ground here?

Thanks for your time, everyone.

P.S., When first meeting the 2nd party, I arrived assuming these folks would be testing the unit out before purchasing it. When I arrived, they didn't have the proper outlets to test it.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
you sold the appliances but you did not provide the facilities for them to test them before they were removed?

and once they got them to their location and attempted to use them the machines didn't work?

small claims is a craps shoot but I would think that since you did not have the facilities to test the machine and the warranty was only that they work and you cannot prove they did work when they left your premises, you will lose.
 

MillerB

Junior Member
No, this was a private party sale.

I travelled TO the 2nd party and to their surprise, they did not have the right power outlets to test the unit.
 

MillerB

Junior Member
Haha, no, I don't.
I'm no business owner and I don't do this for a living.
Like I said, private-party sale.
 

justalayman

Senior Member
Ok, how did this happen so they did not have the opportunity to test the units before you loaded them into your truck and delivered them?
 

MillerB

Junior Member
No, there was no opportunity to test beforehand.
I arrived at the location I was supposed to met this other party and they only then discovered that they didn't have the right equipment to test the unit they wanted to buy from me.

They purchased on my assurance that it was in working condition and that I would "take it back" if it was not.

I did not sell this unit broken.
 

justalayman

Senior Member
so, how did this all come about? Were they responding to a classified and simply said: I know we haven't seen the units but bring them over anyway.
 

MillerB

Junior Member
Yep.
I sent pictures and they liked what they saw.

Now, any educated advice regarding what the law says in this situation?

Does the law decide on literal, actual definitions and meanings of words or implied, contextual meanings of words?
 

justalayman

Senior Member
You offered an express warranty of the machines working. They apparently discovered there were not in working condition and called a repairman. If the repairman states they were not in working condition when he inspected them and you have nothing to support your claim they did work, they will probably win.

Your attempt to infer the contract would not involve a refund of the money paid is silly. There would be no purpose of you taking back the appliances if the buyer did not receive a refund.

who wrote the contract?
 

MillerB

Junior Member
The buyers wrote the contract.

Thanks for your time and I appreciate the help.

Now, I don't know if you would know or not, but what would constitute evidence that the unit was working when I sold it?

Aside from a video, I don't see how anyone would possibly prove that.
I was hoping that the act of me bringing them a washer/dyer unit in "supposed" working condition for them to test and purchase would constitute some sort of evidence that it was in fact, working.
After all, if I knew it was faulty, why would I tell this party that it was working perfectly and make the commute to sell the unit only for them to test it and tell me that it wasn't working?

I figured any reasonable person would test something before they bought it.
I don't see how they're any different.
 

justalayman

Senior Member
Now, I don't know if you would know or not, but what would constitute evidence that the unit was working when I sold it?
a notarized affidavit from the Pope or the POTUS they saw it running. Anything else would be suspect.

Aside from a video, I don't see how anyone would possibly prove that.
I was hoping that the act of me bringing them a washer/dyer unit in "supposed" working condition for them to test and purchase would constitute some sort of evidence that it was in fact, working.
The only proof of them working is somebody seeing them operate.


After all, if I knew it was faulty, why would I tell this party that it was working perfectly and make the commute to sell the unit only for them to test it and tell me that it wasn't working?
well, since so far I have a; they called you saw pictures and said bring them over. I understand your argument but all I can say is; there is worse that has happened in the world that somebody took some known non-functional appliances to somebody else's house with the intent of screwing them over. Not saying you did but some people would.

I figured any reasonable person would test something before they bought it.
I don't see how they're any different.
well, they would do that or write in their receipt that you guaranteed they work. Not everybody has the facilities to run the appliances. If they saw a good deal they jumped on it and figured they would have the infrastructure installed once they got them.

While your arguments have some validity, what would be your reasoning of why they now claim they don't work and want to rescind the deal? Why would they ask you to bring them over, hire a technician to inspect them once they were found to not work, and only upon a statement by the tech that the appliances were missing parts ask for a rescission?
 

MillerB

Junior Member
Quite honestly, my reasoning for them now wanting to rescind the deal is because they paid $370 to have a 220 volt outlet installed on top of a washer and dryer unit they paid $300 for.

The savings on that don't exactly add up.

And how would I explain the missing parts?
The only way I could explain that is that they broke the machine themselves because they knew this was not an "as-is" sale and could very easily say that it doesn't work.
After all, $670 for something that should have cost $300 is a big loss for them.
And with only one way of recovering their loss, I don't think the above is too far out of the equation.

But maybe I'm just reaching here...
 

justalayman

Senior Member
MillerB;2818261]Quite honestly, my reasoning for them now wanting to rescind the deal is because they paid $370 to have a 220 volt outlet installed on top of a washer and dryer unit they paid $300 for.
Your argument that them having paid $370 to have a 120/240 volt recep installed makes no sense. If that was they case, they would have not spent the money to have the recep installed but now they have a recep, not having something to plug into it would be wasting the $370.
 
Both parties could be correct.

A) unit was working when sold

B) unit not working when first tried 2 weeks later

How: damaged in transit

$370 is not that steep for a single 220/110 line (220 is just 2-110 lines together) - for an electrician .... a DYI job would be about 1/3rd.

The problem is the contract for the OP. The OP will say it worked, the plaintiff will say it does not.

It will come down to who the judge believes.

I would recommend the OP check into the background of the plaintiff's & see if they have any criminal convictions etc. Ask background questions to see if they lie about any transgression however minor.

If both parties present themselves well in court this should go the defendant's side ... unless the repairman actually shows up..

But then again, if the new electrical line was put in without a needed permit, that creates problems for the plaintiff ... the OP should check this out.
Only an inspector can certify that the line is code compliant ... an electrician certainly can offer his opinion but it is the government inspector who actually makes this determination.

So the OP has several issues to investigate.

As far as the contract is concerned ... a contract is an agreement ~ what was agreed to is memorialized in the words of the contract & in the minds of the people who agreed to it. So I think that it is a guarantee as written ... ex: the words of the contract say you'll pay for it if it does not work -- no time is specified , so in 10 years it quits working the plaintiff could bring it back? Clearly that was not in the minds of the people who entered into the contract.

The contract is meant to insure that it would work properly at the buyer's first start-up. IMO

Some questions to prepare for for the OP include:
when was the last time it was operated?
can you explain why my repairman says it needs parts?

Who will win? Cannot tell.
 

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