What to do if I sold a product as new with 90 day warranty but the customer is saying that after 10 months the product is used and the logs show 4 years of usage?

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What to do if I sold a product as new with 90 day warranty but the customer is saying that after 10 months the product is used and the logs show 4 years of usage?

I provided a 90 day warranty in which I can refund/exchange product but it’s 10 months now. He’s threatening to sue me if I don’t take it back can he sue me after 10 months?

Asked on October 2, 2012 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the warranty was for 90 days but 10 months have passed, the person would not have a warranty claim. However, if you did not sell him what he paid for--that is, he paid for a new product, but it is in fact an old/used one--then he could still take legal action:

1) It  would be a breach of contract to sell someone an old/used product when the agreement and payment were for a new one;

2) If you knew or should have known the product was old/used but represented (claimed) it was new to get the sale, you committed consummer fraud.

Under 1), the customer can seek to rescind the contract (return item, money back) or seek compensation in the form of the difference in price between a new product and the old/used one he recieved. Under 2), he could do these things, but also potentially seek additional compensation for the fraud.


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