12-11-2019 06:42 PM
Sold a watch 40 days ago. 7 days after delivery The buyer said that the watch wasn’t working I expressed my concern and I was surprised because it was working fine when I packed it everything was very cordial I agreed to pay a portion of the cost of repairing.. but didn’t specify or agree to how much. buyer said they were going to get an estimate I asked for a copy of the estimate received it two weeks later it was $280 and the work had already been done. One reason I asked for the estimate was because I have a family jeweler and I wanted Her to take a look at what they were going to do and what it was going to cost my family jeweler was not going to charge me at all I explained this to the buyer and explained that I was shocked that it would be repaired without my consent with such a hefty price tag ..and said I wasn’t comfortable paying 180( that’s how much was demanded) when I never agreed to that amount nor was given an alternate option..now the buyer who is an attorney is threatening to sue me for the cost of the watch the cost of the repair and all of the legal fees this buyer lives in another state and is claiming I will have to come to their state for court. eBay says they have no case. PayPal says the same. Thoughts?
12-21-2019 02:41 PM
12-22-2019 09:14 AM
So... I just went and looked it up, and it looks like in the year 2019, every single state of the union has a lemon law. If the seller does not express a warranty period with the sale, it looks like every single state defaults to at least 1 year implicit warranty coverage, and possible more, depending on the state. Lemon laws do not only apply to licensed sellers.
https://www.lemonlaw.com/state-lemon-laws/
It seems you really like using this car analogy but it simply does not apply. You know that Lemon Laws only apply to new cars right? Which can only be enforced if and when the vehicle requires the same repair three times or more (your state may vary). Even with the full factory warranty in place.
At any rate, I was making a car analogy to try to make the situation relatable, not to debate the warranty periods on vehicles.
In the first analogy you suggested selling a used car which you claimed 100% works. So again, those pesky Lemon Laws wouldn't apply in the first place. That being said, unless the problem is a grave nondisclosure or the inability to register the vehicle, all vehicle purchases are deemed "as is" in the law as I already said. It's up to me to make sure it 100% works before I buy it.
It doesn't matter whether whats being sold is a car or now. A seller can never legally misrepresent an item for sale.
But it still bears repeating: a judge won't undo a car sale unless the seller knew but did not disclose the car was in a flood/the odometer was turned back/title was jumped. All of which can be verified by the buyer before the sale, by the way, with a simple Carfax report or title inquiry. Due diligence, folks. Due diligence. Which should be the main priority for a buyer of anything. So this last part I completely agree with you. No seller should misrepresent the item s/he is selling.
So let's focus on this "broken" watch. What exactly did the OP not disclose?