Legal Question in Consumer Law in Georgia

I sold a water fountain to a client on Craig List. My add said that the fountain was never used. The client took the fountain back to their business and had a plumber install it. They then noticed that although the fountain pumped water, it did not cool it. They called company and realized that it is out of warranty. This fountain was bought in 2004, but we were unable to use it and has always been in storage. The client is now wanting a full refund and is threatening to sue in small claims court. Neither of us had anything signed from each other and they paid us cash. I made no verbal or written guarantees or warranties. If this case goes to small claims court in, GA what is the likely outcome?


Asked on 12/24/09, 8:55 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Let me give the right and moral answer first (sometimes lawyers are accused of forgetting this). If you are a good and honest person, you should give a refund and apologize and be done with it.

If that isn't the type person you are, here's the legal answer. It's a case you probably lose but it isn't a slam dunk for either side. If you had meant to sell it as is with no warranty, you should have drafted a bill of sale to that effect. In not doing that and advertising it as unused, you arguably create an implied warranty of merchantability. If a judge buys that argument, you lose. However, it's a close call legally.

Bear in mind also the value of your reputation. One dissatified buyer can ruin your business reputationa nd cost you lots of future sales.

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Answered on 12/29/09, 5:42 pm


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