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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 03-09-2010, 11:26 AM   #1
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Quick legal question

This isn't MVA related but I figure it fits best here anyways.

So nearly a month ago I sold a lady (via Kijiji) a PS3 that I had bought used, it ran a bit warm when I got it so I opened it up (way past warranty) and cleaned it out (with proper precautions) and fixed up a little glitch with the harddrive. I used it a fair bit on my other TV and never had a problem with it. First she sends me an e-mail saying they can't get it hooked up, so I walk her through the steps and they get it working. Now I get another e-mail complaining that it broke and she wants me to refund her money. I tell her no, that isn't my problem nor my fault. Now she's threatening my with "legal recourse" and "small claims court" and took it to a computer shop to prove that I opened it up (I never said I didn't, I sold it without a warranty sticker) and that they will write a letter to prove to "small claims court" that I am "not an honest person" and "up to no good."

Now can she actually do anything? I'm pretty sure she can't as I sold her a used item with no warranty or anything but I want to be sure.

*side note: I find it funny that this is her definition of up to no good, in a town (Thunder Bay) with the second highest small crime per capita in Canada.
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Old 03-09-2010, 12:43 PM   #2
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She has no grounds. A used item is sold as is unless other specified. If it is working when you sold it and she got to work at her place, it is a done deal.

If you can prove it was working (ie she told it was after your setup e-mail) then you're off the hook.
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Old 03-09-2010, 12:48 PM   #3
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Yea if it was workin after u ran thru the steps with her than she really doesn't have much.

Besides its cost her like 100+ to start a small claim which isn't really worth it for a ps3
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Old 03-09-2010, 12:57 PM   #4
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She has no grounds. A used item is sold as is unless other specified. If it is working when you sold it and she got to work at her place, it is a done deal.

If you can prove it was working (ie she told it was after your setup e-mail) then you're off the hook.
She sent me an e-mail saying they had it hooked up and working. And then repeated that it worked for at least 3 days. Thanks man, I should be good to go now.
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Old 03-09-2010, 02:00 PM   #5
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No smart lawyer would take that case.... Its a guaranteed loss (based on what you describe here).
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Old 03-09-2010, 07:37 PM   #6
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She has no grounds. A used item is sold as is unless other specified. If it is working when you sold it and she got to work at her place, it is a done deal.
For that matter, you could have sold her a bricked machine, she'd barely have a case - as again, unless otherwise stated, used stuff is sold AS-IS, and if she didn't test it BEFORE paying you, she has nobody to blame but herself. Hell, for all you know (and for all she could prove), she could have dropped it on the ground and broke it while getting in her car in your driveway... once it's in her hands and you have her money, it's not your problem anymore.

Fact is, the only possible way she'd have a case is if she could prove that you sold it non-working "in bad faith" - ie. that you KNEW it wasn't working at all and lied outright to her that it was... and even then, it's HER responsibility to ensure it's working BEFORE she hands you her money.
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