What to do if I bought a furnace that I thought was new but later found out that it was 8 years old?

I had enough time so I canceled the check that I wrote. Can I get in trouble for that? Also, what should be my next step?

Asked on January 26, 2013 under Business Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Well you could get in to some trouble but I think that if the facts as you state are true and that there was a misrepresentation on the part of the seller that this was a new  furnace - and you can prove that - then I think you should be fine.  But, if the mistake was yours and you stopped the check it will not be so good. I would speak with some one on the matter.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the seller represented to you that the furnace that you were buying was new and it was not and you paid money for it as though it was new, then you had the right to cancel the check for its payment under the law. What needs to be done is to return the furnace if you have it in your possession.

If the seller has it, write the seller stating he or she is to keep it and you are cancelling the purchase based upon the seller's misrepresentations to you as to the furnace's age.

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