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I bought a used riding lawn mower and took it back the next day and the owner refuses to pay me back my money.

Costa Mesa, CA |

I filed a small claims action. The seller said the machine was sold "as is". The mower didn't work when I brought it back. The receipt has the date and the name and bought a riding lawn mower, it did not say "as is". Will I win this case? What is my defense to win? Please help!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Attorney Answers 2

Posted

Private sales of used merchandise like this are "as is" unless the seller offered a warranty on the merchandise or made material statements as to condition that turned out to be untrue.

You will likely lose the small claims court action.

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Posted

Mr. Garner is right. That is why there is the saying, Buyer Beware. Since the seller didn't put "as is" on the receipt, you may have an equitable argument that you expected to work because the seller said it was in good working order.

Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship.

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