QUESTION
Can I sue for suffering of grades and to get my money back for repairs I have to make?
Asked on Nov 10th, 2012 on Litigation - Florida
More details to this question:
My husband and I bought a computer. The owner told us it works or we wouldn’t have got it. Well that same day we start it up and it doesn’t work. Needs a new hard drive. The guy says we don’t have a claim that it was sold as is but his ad doesn’t state that. he said he would fix it but hasn’t and when I call him or text him he doesn’t answer or contact back the only way I can get this guy to text or call me back is when I say I’m going to take it to the law. I have the ad the emails the phone records and text messages. My husband’s grades has gone downhill the whole point of getting the computer is so we wouldn’t have to find a babysitter so he could go do homework, with a computer he can do it at home. To buy a new hard drive is 80 to install it is more. Can I sue to suffering of grades and to pay back repairs we have to do to it?
7 ANSWERS
Steven D. Dunnings
No.
Answered on May 21st, 2013 at 12:38 AM
John J. Carney
You should test out anything that you buy used. If there is no written guarantee then it is sold "as is" and you get what you paid for, no more. You cannot sue for his grades or consequential damages.
Answered on Nov 16th, 2012 at 4:05 AM
Theodore M. Roe
This is one of those questions that makes me wonder what is going through peoples heads. Did you know it was a used computer? Yes. Did the seller make any express warranties? No. Regardless of whether the seller said it was as is or not is irrelevant. If you told him exactly what you were going to be using it for and he said it would do that job, there may be a breach of fitness for a particular purpose. Consequently, you may recover the repair costs of $80. However, under no theory would you be entitled to recover for your husbands poor grades because you could not get a babysitter. Such a lawsuit would be without merit and could likely open you up to liability for bringing a frivolous lawsuit. When buying a used product without warranty, remember the caveat "buyer beware."
Answered on Nov 14th, 2012 at 2:45 AM
Michael J. Breczinski
You can sue for the repairs needed but not the grades suffering.
Answered on Nov 14th, 2012 at 2:30 AM
Sure you can, just be prepared to cough up a couple hundred bucks per hour in legal fees that your lawyer will need to sue for you.
Answered on Nov 14th, 2012 at 2:13 AM
You can recover an amount equal to what it will cost you to get the computer fixed and working at the level you were promised. However, the expense of suing is likely to be more than the cost of fixing the computer and it may take several months to get a judgement. I doubt you can recover for your husband's dropping grades unless his coursework specifically requires a computer and there is no access to one elsewhere such as a library.
Answered on Nov 13th, 2012 at 12:51 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, you cannot sue for suffering of grades. You might be able to sue for your money back, under a breach of implied warranty theory.
Answered on Nov 13th, 2012 at 12:49 AM