Are all sales really final?
UPDATED: Aug 18, 2011
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Are all sales really final?
I purchased a refrigerator from a used appliance store and they clearly stated that it was in good condition and working great. Their saleS receipt states that all sales are final and no refundS, no exceptions. 2 days after I received delivery of the refrigerator, it stopped working. What are my rights as a consumer since they implied that it worked great but in fact did not?
Asked on August 18, 2011 California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
1) There is no general right to refunds or exchanges; vendors or stores choose if they want to allow refunds, etc. and may choose to not do so.
2) If there is some warranty or guaranty on the refrigerator, it is enforceable.
3) Without a warranty or guaranty, the issue is *why* did the refrigerator stop working? If it was mishandled by the store's staff, damaging it; or they knew it had a problem, but sold it anyway without disclosing it; or otherwise acted carelessly or intentionally in a way that caused you to have a refrigerator that wouldn't work, then you would likely have grounds to seek monetary compensation and/or to rescind the sale.
On the other hand, if they did nothing wrong and sold you a refrigerator they thought was good, but it suffered some fault or breakdown after they sold it, or had some flaw they did not know of and reasonably would not have known of, then they are probably not liable. Without a warranty or guaranty, liabilty generally depends on fault.
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