Legal Question in Civil Litigation in Georgia

yard sale item

I bought a used mower at a yard sale for $100. When I got home it didn't work. Do I have a leg to stand on to take the person to small claims court? If so, what do I need to do to get started?

Asked on 8/30/00, 11:25 am

1 Answer from Attorneys

Ms. Tran Lankford Tran Lankford, Attorney at Law
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Would Be Wasting Money

I am sorry to hear about your problem, but dealing with ordinary people instead of commercial entities present different problems. First of all, even if you could sue the seller, the lawn mower only cost $100.00. Even if there was a good cause of action for you to sue, it would not be economical. If the seller wrote in a contract, guaranteeing that the lawn mower would work, etc., then you might be able to sue based on that. From what you have written, that's not the case. In purchasing items, one is usually cautioned to inspect the merchandise before purchasing, especially if it's sold to you by an ordinary individual, who is not in the business of selling such items. If you have any questions you can call me at 404-601-4132. If you still want to pursue this claim in small claims court, you can contact your local courthouse. Please feel free to verify this information with another attorney.

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10/03/00, 5:54 pm

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