Can we sue for used washer/dryer set that only worked for 2 weeks?

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Can we sue for used washer/dryer set that only worked for 2 weeks?

My mom bought it for $375 but it only worked for short time. The seller refuses to take it back and give a refund. She is now saying that we are harrassing her by asking for a refund.

Asked on August 5, 2012 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first question is: did the seller offer a warranty or guaranty? If she did, you can enforce it, including in court if necessary.

The second question: if there was no guaranty or warranty, did the seller know (or reasonably should have known--basically, there's no way she could not have known) about  significant problem with the appliances which existed at the time of the sale and conceal it from your mother? If so, she may have committed fraud; but if she did not know of the problem, she did nothing wrong and there are no grounds to sue her.

So unless there was a warranty or guaranty, or the seller knew of a problem and concealed it, it is unlikely your mother can force her to give a refund.


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