Legal Question in Consumer Law in Virginia

Do we have to take our product back?

We recently sold a stereo system from an online website. The consumer came to our house twice to see the stereo to try it out. We gave him a reduced price and delivered it to his house for free. The next day, he said that the treble went out after 15 minutes, but everything else was working great. My husband offered to give him $25 back, and suggested that he may have hooked it up incorrectly because we have never had a problem with the stereo before. He called a couple of days later & said that we can either give him a full refund or go to court. What are our obligations to the consumer? We were unaware of any faults and we don't know that the consumer may have dropped the speakers or something and caused the problem himself. Does he have a case against us? What are some options to settle this without having to go to court and without having to take the stereo back?


Asked on 9/08/06, 2:54 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Do we have to take our product back?

Why settle anything if you're in the right? As long as you(and your husband) made no material misrepresentations regarding the product nor did anything to fraudulently induce the buyer to make the purchase, you shoud be, legally speaking, in the clear.

Such sales of products from private individuals are considered in the law as without the normal complement of warranties that usually accompany standard retail sales of products and are therefore legally considered "AS IS".

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Answered on 9/08/06, 9:32 pm


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