Legal Question in Consumer Law in New York

i put an ad on craigs list to sell an air conditioner in excellent condition. i didn't say what i considered excellent on the ad. a person came over to see it and plugged it in and felt the cool air. the person just asked how old it is, and why i was selling it. the person bought it for $200.00 and took it home for his usage. a few hours later i received several calls from him that he left a message telling me the air conditioner stopped working and he wanted his money back. He said i sold an air conditioner in poor condition and i was ripping him off for the money. i didn't call him back for i felt i didn't do anything wrong for the i had used the unit for three weeks with no problem and now it stopped running. i feel its buyer beware that when you buy a used appliance from a private party, estate or garage sale you take a chance and you lose the money if it should fail. i am now being taken to small claims court.


Asked on 7/25/11, 11:38 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You are correct, however, your credibility will be scrutinized by the Small Claims Court Judge and he will decide what is fair. You may suggest a portion of the purchase price as good faith in resolving the issue ($50-$65) without having to go to court. I doubt it will be accepted but you can try.

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Answered on 7/25/11, 2:33 pm


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