private sale of computer harddrive gone bad

[monto888]

I had purchased a computer harddrive from an onliner reseller but decided after a few months to upgrade, so I advertised and sold the drive off a reputable online forum (Anandtech.com). The buyer paid through paypal and he emailed me with positive feedback since it was in perfect working order. Three months later, he says the drive broke and he attempted to contact the manufacturer, only to find that the drive is, supposedly, an "engineering sample" He claims that therefore there is no warranty and I should have informed him of this, but I had no knowledge whatsoever. He now wants me to refund him for the drive, and is threatening to take me to small claims court (California). Should I try court, or even countersue him for constant email harassment/threats and time lost worrying over the ordeal? The basic outline set by fellow sellers at Anandtech.com is to provide a 30-day warranty/grace period, so 3 months seems rather outrageous to me. any advice appreciated.

 

[David J. Miller]

When you sold it to this person did you claim there was a warranty beyond the understood 30-days? If you did not indicate there was a warranty, this person should not have assumed there was and you should not be responsible.

When I buy a car or any other big ticket item, I don't just assume there's a warranty. I am certain to find out before buying whether a warranty is included.

If an attorney on this site disagrees with my comments or has something to add, they'll post. So, check back.
If he takes you to court, try and bring with you other members of this web site to persuade the judge that the warranty is understood to be 30-days and not 3-months. If that's not possible, print-out all of the disclaimer and warranty information from the site or better yet, bring a laptop with you and show the judge the web-site first hand.