Legal Question in Civil Litigation in Tennessee
sale of used washer and dryer
I recently sold a used washer and dryer for $200. It was in excellent working condition when I sold it and I even demonstrated both items to the satisfaction of the buyer prior to sale. A week later they brought them back saying they were no good and accused me of misrepresenting them. I told them I would not refund their money because they worked perfectly when I sold them. They have filed a civil lawsuit against me demanding thei money back plus damages and court costs. Question: Without a written money back guarantee, aren't sales of used items between private parties considered ''as is''? The items worked perfectly when they bought them but how can I prove that to a judge and is the burden of proof on me or on them? I am intimidated by having to appear in court but have no choice. Any advice would be greatly appreciated. Thank you!
1 Answer from Attorneys
Re: sale of used washer and dryer
First of all, you should calm down. Small claims is pretty low key. Just go to the court on the day and time you are summoned. Dress professionally (think formal; church clothes) and act that way (call the judge "your honor"). When your case is called on the docket, tell the judge that you are the defendant and that you are ready for the hearing. When your hearing is up, explain your story to the judge (include that you sold the buyers used merchandise and that you never gave them any kind of warranty). Also tell him/her that the washer/dryer was working at the time of sale. As long as you are truthful and respectful, you should do fine.
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