Need some legal tech support help related to a computer sale

chuck2002

Senior member
Feb 18, 2002
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Not sure if this is the right place for this, but it is technical support of the legal type.....

I sold some guy a custom built computer. I signed a bill of sale for him, and he payed me cash for the computer, as it was a local pickup deal from craigslist.
He requested it be complete minus the hard drive, as he had one for it and he could talk me down more by removing the drive fom the deal.
He calls me the next day because the computer won't boot. I had left an Ubuntu Live CD in the CDROM that I used to make a final assurance that the computer functioned ok and didn't provide any errors while booting with no hard drive. It ran flawlessly on the Ubuntu Live CD.
He said that the computer booted fine to Ubuntu before he opened the case and installed the hard drive and did whatever else he did to it to make it not boot, post or anything.
He called me a bunch of times over it and said he wanted his money back cuz the computer is broke. I refused to take the computer back because the deal was done and he broke the computer. I offered to help him troubleshoot more, but he wanted his money back.
He said he was going to sue me for the $210 he paid for this computer.
He has now sent me some legal scare document suggesting that I give him his money back and some other legal mumbo jumbo.

Does he have a chance against me? He admitted the comp. worked before he opened it. He is not a certified computer repair person, therefore why should I be held liable for his neglegence? I plan on seeing this through to court just to see what happens, I'm not out much either way, but what do you guys think?
There was no as-is clause in the bill of sale.

Thanks.
 

RebateMonger

Elite Member
Dec 24, 2005
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Originally posted by: chuck2002
Does he have a chance against me? He admitted the comp. worked before he opened it. He is not a certified computer repair person, therefore why should I be held liable for his neglegence? I plan on seeing this through to court just to see what happens, I'm not out much either way, but what do you guys think?
I think this will end up in Small Claims Court, and it will be his word against yours. Judge Judy isn't very technically-minded.

Personally, I'd give him his money back and go on....
 

BenchZowner

Senior member
Dec 9, 2006
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That sounds bad, and I think that I'm with RebateMonger on this one.
What you did wrong is... that you should operate the PC infront of him when making the deal to prove that you're providing him with a PC in a good working condition.
 

Laputa

Golden Member
Jan 18, 2000
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You sold him a working computer and it went broke after he mess with it period. Tell him you will go through the civil suit if needed since there's no ground for him at this point. You are liable for a free diagnostic if you prefer.
 

mechBgon

Super Moderator<br>Elite Member
Oct 31, 1999
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Ask him if the hard drive is a Western Digital brand that uses the Parallel ATA connector (you know, wide ribbon cable, 40-pin plugs). If so, and if it is the only drive on its ribbon cable, then have him remove the jumper cap from the jumper pins (pic for his edification). With no jumper cap, that's the Single Master setting that solo WD drives like. That could explain the symptoms you describe.

If that's the deal, he owes you a large 2-topping pizza for being a noOb and trying to hang the blame on you.
 

Laputa

Golden Member
Jan 18, 2000
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You can technically counter sue him afterward for the damages he caused/did to the PC for your lost if you lost the case.
 

stogez

Platinum Member
Oct 11, 2006
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You'd be set if you had something to prove that it was working when you delivered it to him.
 

chuck2002

Senior member
Feb 18, 2002
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Thanks for the info fellas. He admitted that it worked when he said it booted to the Ubuntu CD before he opened the case and installed drives or did whatever it to to nuke it.
So he provided the prof by telling me that. Right?
 

chuck2002

Senior member
Feb 18, 2002
467
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I think he has to admit it because he has to justify why the computer stopped working. Oh well, we'll see what happens. Thanks again for the input fellas.
This sucks. I mean, I lost money on the sale in the first darn place....
 

Tarrant64

Diamond Member
Sep 20, 2004
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Yeah, I hear ya. I think of it as you sold it as is. He knew that, and he had requested that it came without a hard drive. He tested it when he got it and he knows that it worked before "he" made modifications. Now that it doesn't work, he can't be serious thinking he will get his money back. Then again, people do this crap all the time, and it's bs.

plus, you offered to fix the problem, which I think your entitled to do, and if he refused, his bad. offer to take it to a official pc repair person, and if he fixes the problem, offer to pay for it I guess. that way he should shut up. he will walk away with the "I feel dumb" sign on his head. just a thought.
 

John

Moderator Emeritus<br>Elite Member
Oct 9, 1999
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There was no as-is clause in the bill of sale.

Be sure to add that clause next time. Have him sign and date it as well. You may also want to consider showing the customer that it actually works next time. If it was a local pickup I would refund his money otherwise you never know what he's capable of. Some people are vengeful pricks. Chalk it up as a lesson learned.

However be sure to verify that all of the original equipement is still in the pc before you hand over the cash for a refund! You may also see if he would be interested in watching you fix the pc while he waits. Ask him to bring his HDD or use your known good HDD.
 

Compuzen

Member
Nov 25, 2005
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Call him to talk about the situation. Record the whole conversation and get him to say that it booted up before he worked on it and that it was as-is. Small claims court might not care, but 24 hours before the hearing let him know you have him recored admitting it worked and it was as-is.

Its not really a lot of work, and it should seal your case. You let him know before the hearing so that it is admit able evidence (though small claims are pretty flexible).
 

crimson117

Platinum Member
Aug 25, 2001
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He asked for it without a hard drive. You obliged. You even went the extra mile and tested it with an "alternative to a hard drive" - that is, a bootable CD - to make sure it worked without the hard drive.

Someone mentioned you failed to include an "as is" clause, but you also never promised any warranty or support as part of the contract. The support you've offered so far shows you did make an honest effort to resolve the issue out of court, at no extra cost to your customer. That should make the judge sympathetic to your position.

And by asking for it with a key piece, the hard drive, missing, he knew it was going to be in a non-working state and that it'd be up to him to make it work.

IANAL
 

John

Moderator Emeritus<br>Elite Member
Oct 9, 1999
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Originally posted by: crimson117
Someone mentioned you failed to include an "as is" clause, but you also never promised any warranty or support as part of the contract. The support you've offered so far shows you did make an honest effort to resolve the issue out of court, at no extra cost to your customer. That should make the judge sympathetic to your position.

He said, she said.......unfortunately you need documentation.



 

crimson117

Platinum Member
Aug 25, 2001
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I know the as-is part would help, but the fact that he A. gave no warranty, and B. has gone above and beyond in trying to resolve it, will help his case.
 

UMfanatic

Senior member
Jan 16, 2004
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A it will end up in small claims court, any normal civil judge would laugh such a small claim right out of his court. 2 he has no proof that you are the reason that it is non functioning. While he can claimed that you lied and it was not functioning when you gave it to him he has no proof to this. All signs point to that he is the cause of the malfunction or that the malfunction was caused during transport even then it is still his fault. Basically the burnded of proof lies with him and he has non. Judges will take into consideration that you have gone out of your way to resolve this matter and that he has been uncooperative. If he does end up taking you to small claims court make sure you request legal fews if you incure any