Legal Question in Consumer Law in Massachusetts

Do I have to give a full or any refund after 2 months?

I'm a computer repair guy.

2 months ago I replaced hard drives for a customer. Everything was done under oral agreement. (customer has absolutely nothing in writing).

now he calls me and wants total refund because one of the hard drives allegedly failed. I advised to contact the manufacturer for a replacement (I offered to do it for him- but I got completely bitched out during phone conversations).

He said he wants to sue me now.

We never signed a contract and he never got any papers about repair or about a warranty. He paid with personal check as well.

- can he sue me in small claims court without any evidences?

-How likely is that he will win this case in small claims court?

-Do I have to have written returns/refunds policy?

-If there is no written warranty/refund policy - how is this case will be treated in small claims court - will they say that I have to have one?

-Is there a warranty that I provide automatically that I don't know about?

Sorry for so many questons - i'm in a very depressive mood now because of this situation.


Asked on 10/27/09, 1:06 am

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

You must have purchased the hard drive from someone. Look at the paper work you received when you bought it. Regardless, contact the manufacturer and see if it is still under warranty. If he sues you, he would have to prove that the hard drive was defective when installed, which he won't be able to do. Whatever warranty you provided will be no more extensive then the manufucturer's warranty. I would contact the manufacturer and, if it agrees to provide him a new hard drive, to relay this to the customer in writing. Lastly, don't be depressed, it likely will prove not to be that big of a deal.

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Answered on 11/01/09, 9:46 am


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