Legal Question in Business Law in Virginia

A question about seller's obligations

I was wondering if you would have the time to tell me a little about, or possibly point me to the relevant statutes, which relate to a seller's obligations when selling goods or services (i.e. full disclosure of defects, to sell a product in good condition, etc).

Specifically, I sold a used computer over the internet which eventually broke down and now the buyer is threatening to sue me in Small Claims Court unless I refund him. The computer was in good working condition at the time of sale, and it was explicitly stated that I was not offering a warranty of any kind. We both live in Virginia. One thing that I'm not sure about is even though I intended to (and did) sell a working product, to the best of my knowledge, that I could still be liable for damages beyond my control. Computer parts simply malfunction from time to time, it's the nature of the technology. The buyer says that the fact that I didn't offer a warranty will show to a Judge my knowledge that the computer was faulty. He also says that he will have a sworn testimony from his fiance that he did not damage it by his own use.

ANYWAY, thanks in advance if you're able to assist me with a little insight in this matter.


Asked on 3/13/09, 2:42 pm

1 Answer from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: A question about seller's obligations

If it was sold AS IS NO WARRANTY, you should win this case, unless there was some sort of actionable fraud. No warranty does NOT imply anything about a product being faulty. The fiance should not be allowed to testify to that either. Caveat emptor, buyer beware, and beware of the buyer also. Of course, you could lose the case, stranger things have happened.

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Answered on 3/13/09, 4:45 pm


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