Consumer Law, Warranties Sold used air conditioners AS IS

Kellenk

New Member
Jurisdiction
New York
We sold a few air conditioners that we had from prior summers. They worked fine but we decided to replace all of them for the entire house. I thought it was a good idea to get them on sale a few months ago at end of winter and sell the old ones during summer.

We sold 2 to one person and 1 to another. The person whom we sold 2 air conditioners had plugged them in and they turned on. I told them that the sale was AS IS and that we couldn't guarantee anything except that they worked for us when we had them and that we didn't do anything or see anything that would have damaged them. I told them that they worked well to keep us cool - and they did. They worked very well cooling 2 pretty good sized rooms.

A week later the person calls us up and says that he's returning the air conditioners because they don't cool well and one of them shut off every 20 minutes. I told him that we agreed to sell the air conditioners AS IS and that there wasn't any warranty except as the company might still warrant them. He told us that he would sue us in court. I feel this is harrassment. He knew the deal and maybe he didn't want them, I don't know. They worked fine when he left. What should we do? Is there a chance we can also be paid for the time we must take defending a frivolous lawsuit?
 
ignore it.
If you receive notice to appear in court then go. You can defend this easily without spending lots of money in attorneys, and if in small claims then attorneys aren't allowed anyway.
 
A person buying used anything isn't going to sue you.
If he does sue you, your defense is sold as is, no warranties expressed or implied.
No need to say more, just leave it at that.
 
Is there a chance we can also be paid for the time we must take defending a frivolous lawsuit?

No, you don't get paid for your time.

And it's only frivolous in your mind, not in the buyer's.

That he might not win doesn't make it frivolous.

Though I agree he probably won't win.
 
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