Oops- sold item on Craiglist that I incorectly thought was still under warranty- WWYD?

[Anonymous]

About 5 months ago, I sold an item on CL that I thought was still under warranty. When the buyer picked it up, I told her that if something broke as long as it was before Sept 2011, I could try to help her get it fixed under the warranty. Well, something broke and she contacted me again. I had to call the online company where I purchased it to get a copy of the receipt sent to me again b/c I had lost it. Unfortunately, I purchased it 1 month earlier than I had thought (in July 2010 when I had initially said Aug) so the warranty is invalid.

I feel awful that I had (unintentionally) misled the buyer. Should I offer to pay for any repair?

[Anonymous]

Is this even something covered under the warranty? I ask as lots of stuff isn't included.

[Anonymous]

OP here- yes, the broken part would be covered under warranty (I asked)....

[Anonymous]

I don't know. I would just explain the situation. How much is the part? Maybe you can split the cost with her.

[Anonymous]

Yes. You sold a warranty with the product. If you did not deliver this warranty, that's breach of contract. And it's not even an oral contract, it's there in writing.

You can offer to pay for the repair, or perhaps refund her money and get the broken item back. But you are legally obligated to deliver what you sold to her.

[Anonymous]

Anonymous wrote:Yes. You sold a warranty with the product. If you did not deliver this warranty, that's breach of contract. And it's not even an oral contract, it's there in writing.

You can offer to pay for the repair, or perhaps refund her money and get the broken item back. But you are legally obligated to deliver what you sold to her.

OP here. Actually, I didn't list the item on CL as under warranty. When she picked it up, I told her then it was still under warranty. Not sure if that makes a difference in terms of breach of contract. I, of course, will help her b/c I was wrong, but just wanted to set that straight.

The main function of the item still works, but the display screen doesn't. I will have her reset it and see if that fixes it first.

[Anonymous]

The situation sucks, but really I don't think you owe anything. You offered the warranty as a goodwill gesture but it did not influence her purchase, if I understand things correctly.

[Anonymous]

how expensive of an item/fix are we talking here? like did you sell her a car that needs a new transmission or did you sell her a blender that burned out. Either way, i don't think this is a big issue for you. craigslist is buyer beware. you're not walmart and buyers should know that. i wouldn't sweat it for too long . . .

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes. You sold a warranty with the product. If you did not deliver this warranty, that's breach of contract. And it's not even an oral contract, it's there in writing.

You can offer to pay for the repair, or perhaps refund her money and get the broken item back. But you are legally obligated to deliver what you sold to her.

OP here. Actually, I didn't list the item on CL as under warranty. When she picked it up, I told her then it was still under warranty. Not sure if that makes a difference in terms of breach of contract. I, of course, will help her b/c I was wrong, but just wanted to set that straight.

The main function of the item still works, but the display screen doesn't. I will have her reset it and see if that fixes it first.

Had you agreed on a price before you told her about the warranty or did she bargain for a price expecting it to be under warranty?

[Anonymous]

OP here. It's a breast pump. The pump still works but the display screen doesn't. Medela thinks she just needs to reset the battery by taking it out for 15 mins and then cleaning it the connection parts, but who knows. So, it's no car but I do feel badly.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Yes. You sold a warranty with the product. If you did not deliver this warranty, that's breach of contract. And it's not even an oral contract, it's there in writing.

You can offer to pay for the repair, or perhaps refund her money and get the broken item back. But you are legally obligated to deliver what you sold to her.

OP here. Actually, I didn't list the item on CL as under warranty. When she picked it up, I told her then it was still under warranty. Not sure if that makes a difference in terms of breach of contract. I, of course, will help her b/c I was wrong, but just wanted to set that straight.

The main function of the item still works, but the display screen doesn't. I will have her reset it and see if that fixes it first.

Had you agreed on a price before you told her about the warranty or did she bargain for a price expecting it to be under warranty?

OP here. Yes, she paid my asking price and we never discussed bargaining.

[Anonymous]

That's too bad for both of you. If resetting doesn't work, I would offer to pay some of the repair.