Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Thank you for your time in addressing my situation. I was recently served a civil paper in regard to a riding lawn mower I sold. The mower was sold with no warranty even though we never put that into writing. The sale was made several months ago. I delivered the mower and showed how it operates and runs to the buyer before they made the purchase. Two months later they send me information stating the mower is not running and wish a refund. I let them know the mower was sold with no warranty and was theirs but I was willing to come by and assist them if possible to get it running. I was able to meet them only once and they left the key on so the battery was dead when I got there. I do not believe I am liable for the return of monies because they now can not get the mower to start. Can you advise me if I am incorrect in this belief. Thank You.
You may be liable to the new buyer depending on your state’s lemon laws. Most states have lemon laws that provide a remedy for purchasers of automobiles that compensate them for autos that repeatedly fail to meet standards of quality and performance. You will need to determine if your lawn mower meets the definition of automobile under your state’s lemon law statutes. If it does, then you may be liable if you meet the additional statutory elements of any applicable lemon law.
Additionally, you may be held liable for damages under any applicable state implied warranty statutes. Implied warranties insure consumers that the retail product (lawn mower) meets certain minimum standards of quality whereby the product is fit for use for the purpose intended. Generally, the seller assumes liability and responsibility to correct the defect or to repurchase or replace the product (lawn mower). You should research your state’s implied warranty statute(s) to see if you are subject to liability.
