Legal Question in Civil Litigation in Pennsylvania

I sold a family member a cell phone that was in good working condition and a week later they said it dosent work anymore.they called the cell phone provider and they said it was some thing that they downloaded on there phone. now they want there money back or they wanna take us to court. we have plenty of people to prove that the phone was in good working condition.so what can they do?


Asked on 7/20/10, 8:42 am

1 Answer from Attorneys
Rachel Hunter

Nothing. Are they REALLY going to take you to court or are they just blowing smoke? Maybe this will make for good tv on Judge Judy but they do not have a case. You are not an insurer of the phone. It can break or stop working for any reason after it is sold. And if they downloaded something on it, that is their fault, not yours, so you can argue their contributory negligence of over 50% as a complete defense.

But its up to you - you have to keep peace in the family. You might offer them a refund of some amount just to make this go away. If you do this, get a release saying that they give up any claims they might have had in exchange for your payment of whatever amount you and they agree on.

Next time, do not sell the phone to a family member. Let them get their own phone!

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Answered on 7/20/10, 12:03 pm


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