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Sold used air conditioners AS IS Consumer Law, Warranties

Discussion in 'Consumer Law, Contracts, Warranties' started by Kellenk, Jun 9, 2018.

  1. Kellenk

    Kellenk Law Topic Starter New Member

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    Jurisdiction:
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    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?
     
  2. mightymoose

    mightymoose Well-Known Member

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    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.
     
  3. army judge

    army judge Super Moderator

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    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.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    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.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Why would you do anything?

    No.

    Are you sure about that? While some western states don't allow lawyers to represent clients in small claims court, most states allow it.
     
  6. mightymoose

    mightymoose Well-Known Member

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    I often neglect to look at the state. That's where that disclaimer at the bottom kicks in.
     
  7. zddoodah

    zddoodah Well-Known Member

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    You mean the disclaimer that virtually no one reads? ;-P
     
  8. mightymoose

    mightymoose Well-Known Member

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    That's why it's all the way at the bottom.
     
  9. army judge

    army judge Super Moderator

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    Bottom, middle or top; it's still quite legal.
     

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