Legal Question in Consumer Law in Florida

Breach of warranty

I have a friend who posted an ad on craigslist and mistakingly stated the TV had 2 years left on the warranty and it only had 1 year and 1 month. when the buyer went to pick up the tv at another location without my friend present, he noticed such and began complaining yet took the tv anyway. when he got home he started complaing that it wasn't hdtv and about the warranty and harassed my friend with phone calls. he is a lawyer and has now very rudely threatened that he will being filing a claim against her ''pursuant to your total breach of warranty pursuant to our claim.'' he wants his money back and for her to pay for his costs to move the tv to and from. she has willingly said she would refund the money but would not pay for the costs of moving the tv.

does he have any basis for this suit and what would you suggest my friend do?

Thank you


Asked on 3/06/07, 11:54 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Breach of warranty

If he knew about the warranty and hdtv issue that was not as advertized before the contract was completed, then he doesn't have a case -- if he did not know about the deficiencies, he does have a case.

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Answered on 3/16/07, 10:54 pm


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