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sale/purchase gone bad

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wslctrc

Junior Member
I recently sold a laptop that I feel was working fine, I had no problems with it but decided to upgrade. I listed for sale the old one for $350 and found a buyer willing to purchase it. We met and she checked it out and was happy to buy it and we struck a deal for $320. This was on the Sunday of last week. I was contacted Saturday night over the phone by a friend of hers telling me it is not working and hasn't worked since Tuesday and that I have two options - either fix it or refund her money, when he threatened to come to my house I hung up. I knew the computer worked well and so did she when she bought it. I said nothing of a warranty since I am only a private seller. The following night I received an email threatening to take me to small claims court if I don't return her money, also if she doesn't get her money she will make sure that everyone who checks out my electrical business online will know all about this sale. I sold this laptop in good faith and without misrepresentation and she also spent 20 minutes to 1/2 hour checking it out before giving me the money and leaving with the laptop. I agree it is unfortunate that electronics are unreliable and I do feel bad that it does not work if what she says is true but am I liable to return her money or even a portion?I know if she contacted me right away (Tuesday) and asked what we can do instead of almost a week later threatening me and my company (which has nothing to do with a private sale) I might think more kindly but I am upset at her tactics and attitude in this matter. What is my legal obligation to her?
 


seniorjudge

Senior Member
Q: What is my legal obligation to her?

A: If she sues you in small claims court, tell the judge your side of the story, emphasizing the no warranty business plus the fact that she had ample time (20 minutes to 1/2 hour) to check it out.
 

wslctrc

Junior Member
She bought it privately as is and working when she left. I sold a laptop in good conscience and she felt it was a good purchase, I gave her no warranty nor did she ask for a receipt. I am not a retail outlet nor do I feel I should warranty something three years old and used.
You are telling me I might have to give her money back even under these conditions?
 

seniorjudge

Senior Member
Question:
She bought it privately as is and working when she left. I sold a laptop in good conscience and she felt it was a good purchase, I gave her no warranty nor did she ask for a receipt. I am not a retail outlet nor do I feel I should warranty something three years old and used.
You are telling me I might have to give her money back even under these conditions?
Answer:
There is about a 50-50 chance, more or less.

That's the same odds for anything happening in the universe.
 

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