do i have a case?

[BARRY1300]

I need some advice!!! I purchased a used air conditioner from an individual. The a/c was originally purchsed for 865.00. I bought it for 500.00. The warranty was still in effect. A month later the unit broke, and sfter another month and eight service calls, the unit was termed unfixable. i had the original receipt and warranty info so i brought the unit back to sears. There were no comparable exchange units so i had to get a refund in order to shop at other stores. The only way to get a refund sears said was to credit the original owners american express card. I called the original owner and he is refusing to give me the money credited to his credit card. He said he has no obligation at all to me. He said he may be willing to give back the original 500.00, but i cannot buy a comparable unit for that amount. I say that when he sold me the unit it was then MINE and the only reason he has the credit is because it had to be put back on his card. Can I sue him? Do I have a case? Is small claims the way to go?

 

[Tracey]

Yes, you can sue him for the entire amount credited to his card under the theory of unjust enrichment. When he sold you the AC *with warranty*, he sold you the right to any remedies available under the warranty. Still being under warranty was part of the reason it cost $500, right? He can't sell you the warranty rights, then keep the remedy for himself. Judge Judy would nail his ass to the floor for trying this stunt. File in small claims tomorrow.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.