What is a seller’s obligation to a buyer if there was no warranty given?

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What is a seller’s obligation to a buyer if there was no warranty given?

Recently I sold a power wheel chair for $420. I’ve had this chair for 2 years and never had any problems with it; it always worked fine but I didn’t need it anymore. About a week after I sold it the lady who bought it from me e-mailed me saying the battery didn’t work so she had it replaced for about $500 and she expects me to pay it. She tried it out herself when she came over to buy it and it ran just as smoothly as it always had. Am I responsible for her bill?

Asked on August 29, 2011 New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, unfortunately in a private sale, the buyer really has less rights than if she were to purchase this directly from a dealer (new or used). Ultimately, unless you gave specific warranties in your advertisement and/or unless you gave her a warranty from you, this product appears to have been sold by you "as is". She purchased it "as is", without warranties or claims and therefore, you have no obligation to her for that money. If she begins to harass you about it, indicate that she purchased this product "as is" and that you gave her no warranties. She tried out the product and if it requires a new battery, that is something for which she needs to bear the cost.


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