What, warranty is implied for something I buy off a private party
through ebay? Is there a general warranty that the merchandise is in
working order? I found a definition for "Implied Warranty of
Merchantability" at

http://law.freeadvice.com/general_practice/guarantees/implied_warranty.
htm

that says,

"If the seller is a merchant, such as a car dealership, the implied
warranty of merchantability is automatic. In essence it means that the
car will do what it is supposed to do. The implied warranty of
merchantability is always part of a new car purchase; in addition, all
used cars sold by dealers are covered, unless the warranty is
disclaimed in writing by such words as "as is" or "with all faults"."

It't unclear to me whether a private seller is consider a "merchant" in
this context. I'm hoping this implied warranty applies to my situation.


Situation is: I paid $260 for a guitar amp which was received dead on
arrival. The was not specified "as is" or with any other indication
that it didn't work. Only after I found that it didn't work did I open
the cover of the unit to look for damage; I did not touch anything
inside. I have evidence that the unit was broken before it was shipped
to me. It's possible but unlikely that it was damaged in shipping.

The seller refuses to take it back for a refund or pay for repair (I
got a repair estimate of $130). He claims that by opening the cover, I
voided any "implied warranty" and absolves him of any responsibility.
My feeling is that the unit was non-working before I opened the cover,
and that I only did it to inspect for damage, so this would not void
anything.

Another factor, may or may not be pertinent: I paid the seller $6.00
for "insurance". It wasn't specified what kind of insurance, but I
assumed it was postal insurance through USPS. In fact, the seller
bought only $100 of USPS insurance, and pocketed the rest.

Nil wrote:
What, warranty is implied for something I buy off a private party through ebay? Is there a general warranty that the merchandise is in working order? I found a definition for "Implied Warranty of Merchantability" at
http://law.freeadvice.com/general_practice/guarantees/implied_warranty. htm
that says,
"If the seller is a merchant, such as a car dealership, the implied warranty of merchantability is automatic. In essence it means that the car will do what it is supposed to do. The implied warranty of merchantability is always part of a new car purchase; in addition, all used cars sold by dealers are covered, unless the warranty is disclaimed in writing by such words as "as is" or "with all faults"."
It't unclear to me whether a private seller is consider a "merchant" in this context. I'm hoping this implied warranty applies to my situation.

Situation is: I paid $260 for a guitar amp which was received dead on arrival. The was not specified "as is" or with any other indication that it didn't work. Only after I found that it didn't work did I open the cover of the unit to look for damage; I did not touch anything inside. I have evidence that the unit was broken before it was shipped to me. It's possible but unlikely that it was damaged in shipping.
The seller refuses to take it back for a refund or pay for repair (I got a repair estimate of $130). He claims that by opening the cover, I voided any "implied warranty" and absolves him of any responsibility. My feeling is that the unit was non-working before I opened the cover, and that I only did it to inspect for damage, so this would not void anything.
Another factor, may or may not be pertinent: I paid the seller $6.00 for "insurance". It wasn't specified what kind of insurance, but I assumed it was postal insurance through USPS. In fact, the seller bought only $100 of USPS insurance, and pocketed the rest.

Unless the seller is stating a business name in the auction, and the item is
coming from his business, then there generally is no implied warranty. You
buy the item "as is".
As with any auction, your purchase assumes that you understand you are
buying the item from an individual as it stands before you.
Should the item dissintigrate in your hands as you leave the auction house,
well, as they say, "buyer beware".
Can you define what a "warranty" is?
A warranty is only as good as the person backing the claims.
If a con man offers you a warranty, best not buy the item.
If the item broke beyond repair, would it be just as easy or cheaper to buy
a new one than to have the original fixed?
Then what if the item fails one day after the expiration of the warranty?

For the insurance, that's his call. He can basically charge what ever he
wants.
Like tv ads that say $5.95 for shipping and handling. Yeah. right.

Personally, I don't do ebay. You never know what you're gonna get from
people you haven't seen.

Nil <rednoise@REMOVETHIScomcast.net> wrote in message news:<Xns94048FC078BF6nilch1@204.127.199.17>... What, warranty is implied for something I buy off a private party through ebay? Is there a general warranty that the merchandise is in working order? I found a definition for "Implied Warranty of Merchantability" at http://law.freeadvice.com/general_practice/guarantees/implied_warranty. htm that says, "If the seller is a merchant, such as a car dealership, the implied warranty of merchantability is automatic. In essence it means that the car will do what it is supposed to do. The implied warranty of merchantability is always part of a new car purchase; in addition, all used cars sold by dealers are covered, unless the warranty is disclaimed in writing by such words as "as is" or "with all faults"." It't unclear to me whether a private seller is consider a "merchant" in this context. I'm hoping this implied warranty applies to my situation.

A "merchant" is someone who regularly deals in goods of the kind, in
the course of business. A private party selling a personal item he no
longer wants is not a merchant. Sellers on eBay blur the line, though.
If this fellow has been dealing in guitars, amps, or the like (you can
tell from his other auctions and feedback), he may well be a merchant.
If he has language about collecting sales tax on his auction pages, he
is even more likely a merchant.

If the fellow is pretty clearly a private party, he has no warranty
obligation to you. Sales of ordinary goods between private parties are
normally "as is" unless there's some kind of misrepresentation
involved.

A merchant selling to a consumer must stand behind the implied
warranties of merchantability and fitness for a particular purpose.
"Merchantable" means just that the goods are acceptable in trade as
goods of the kind; it doesn't mean the goods are flawless, if goods of
the kind normally aren't.

There's a huge range of makes, models, and prices of guitar amps in
the used trade. I'd say it depends on whether the price you paid was
consistent with the going rate for an amp of that make and model in
working order, or whether it was more consistent with the going rate
for one that is expected to need repair or only being sold for the
case or parts. I don't know that market well enough to say. Point
being, a merchantable guitar amp can be one that's in need of repair,
so long as that is what you'd expect to get for the money you paid.

--
Not a lawyer,

Chris Green

Nil <rednoise@REMOVETHIScomcast.net> wrote:
The seller refuses to take it back for a refund or pay for repair (Igot a repair estimate of $130). He claims that by opening the cover, Ivoided any "implied warranty" and absolves him of any responsibility.My feeling is that the unit was non-working before I opened the cover,and that I only did it to inspect for damage, so this would not voidanything.

If he is not a merchant and is just having a garage sale on ebay then your
SOL. Also merchants can have a no returns policy. By opening up the unit you
pretty much voided the warranty if one was supplied by the manufacturer.