[DorothyHanlon]

My husband received 2 central air units from work - (we were under the impression they were both new - we sold one for 1200 and the other for 1100 through Kijiji as they were too big for our house. I Provided 2nd buyer with receipt for amount paid. Receipt only said Central Air Unit - no guarantee. He paid for installer to come and install - it would not start up - he call tech back next day and incurred 150 charge to fix. It was running for a bit and apparently it has stopped working.

This person has called me to inform me that he has called his lawyer and will take me to court to get his money back as well he will sue for legal fees etc...

The other unit I sold has had no problems.

Can he do this - am I liable

[Curlyben]

Did you listing make it clear that they hadn't been tested and NO warranty of any type was offered ?
If so then he's out of luck.

[DorothyHanlon]

The ad did not imply guarantee - nor did I say it didn't

[froggy7]

The ad did not imply guarantee - nor did i say it didn't

If you didn't make it clear that you didn't know the condition of the product, then I think you may have a problem. If I were in the buyer's position, I would argue that there is a certain assumption of suitability for their intended use implied in your ad if you don't say otherwise. Let's face it... if you had said "I don't know if these things work", do you think the person would have paid what he did for them?

[Fr_Chuck]

I am sorry, if it did not say there was no warranty, then there is one implied. If you said in the ad the unit had not been ran, and you did not know if it would work or not.

I would say you most likely will have to stand behind it. But that is just my opinion

You need to talk to the repair person, and you need to find out what it will take to make it work, Of course they could be lying to cheat you, so talk directly to the repair person

[letmetellu]

How do you know that the installer knew what he was doing when he installed the unit. And even if he is a reputable installer people make mistakes and put the wrong wire in the wrong place and it could have damaged the unit without the buyer knowing about it.
Good Luck.

[froggy7]

How do you know that the installer knew what he was doing when he installed the unit. And even if he is a reputable installer people make mistakes and put the wrong wire in the wrong place and it could have damaged the unit without the buyer knowing about it.
Good Luck.

The installer might have damaged it, true. The problem is that Dorothy has no proof that the unit was ever working. A company could go back through the manufacturing records and show some evidence that it was working when it left them, so it's more likely to be someone else's problem. But if you are given a sealed box, and pass it on to someone else, then the question of where the failure occurs is much more difficult to pin down.