If I sold an item “as is”, can I be sued for a refund?
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If I sold an item “as is”, can I be sued for a refund?
I sold a welder on craigslist and the buyer came to my house/ We looked at the machine and he decided to buy it. When buying I told him if he had any questions feel free to call. E is now emailing me threatening to take me to small claims court because he claims the machine doesn’t work. I stated to him I would try and get another welder and swap him for it and I wasn’t able to get the other welder. So this leads us to the question that it states on craigslist disclaimer that items are sold “as is”. Can he sue me for a refund? Not knowing if when he got it home he may have broke it?
Asked on December 11, 2012 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An "as is" sale may still be rescinded for fraud--that is, if you knew, or should have known (any reasonable seller in your position would have known) that the welder did not work but did not disclose that fact, but rather represented, either explicityly or implicitly, that it was a working welder, then you committed fraud and the buyer may return the welder, seek his money back and also seek other compensation (such as for any costs he incurred). If you did not commit fraud, then an "as is" sale should be final, however--that said, if he is willing to sue you, you may wish to accomodate him simply to avoid the cost and effort of defending yourself.
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