Legal Question in Civil Litigation in Georgia
Legal Question about a verbal agreement
We bought a refrigerator from a lady on Craigslist(dot)com. In her ad she stated it was ''a few years old'' and when I asked her, she said on 3 separate occassions (to me & my husband) it was 3 years old. After we got it home, I found a sticker from the manufacturer saying it was manuf in 1995. I immediately called her about it, she said, ''no we purchased it new from HHGreg 3 years ago''. On Monday, I called Kitchen Aid and gave them the model & serial # and they confirmed the refrigerator is 12 years old. Her story has changed now and she claims she told us she didn't know how old it was and she is unwilling to take it back. Since there is no written agreement, can I still take her to small claims court? If so, what would I file under? Contracts?
3 Answers from Attorneys
Re: Legal Question about a verbal agreement
Most large appliances have a sticker or metal place that clearly states the date of manufacturer. It appears yours had one. You will have a difficult time overcoming the fact that you either did not inspect the unit at all when you picked it up, or overlooked one of the most important (and usually most conspicuous) parts.
Re: Legal Question about a verbal agreement
You've only got your filing fee to lose if you don't prevail in small claims court. Consider this option.
Re: Legal Question about a verbal agreement
You are under duty to mitigate your damages; therefore, a court will probably view the seller's offer to take the refrigerator back as your opportunity to mitigate, provided that your purchase price is refunded.
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