If An Item Breaks After A Private Sale, Who's Liable?

Fish Bloke

I've given this post a snip in order to keep with the forum rules.

A person advertises a used appliance for sale online.
A potential buyer comes with a friend, tests the item, finds it in full working order, accepts the price, pays for it and leaves.
A week later an irate buyer calls the seller, claiming the item broke the first time they used it.
The buyer can't know what has happened to the item in the week since the seller took it.
All they know is that it was in full working order before they sold it and the buyer accepted it as such after testing it.

Is the law on the buyer's or seller's side here?

coylemj

In a private sale like you described, the law is on the side of the seller. Caveat Emptor applies.

You made no false claims about the item for sale and the buyer knew what he was buying, having tested it on the spot before agreeing to buy though that in itself is not a prerequisite for you to wash your hands of it. Effectively in a private sale there is no warranty and the risk is all on the buyer's side, he has no comeback unless the seller made reckless and/or untrue claims about the item but clearly this does not apply in your case.

Fish Bloke

Thanks coylemj. I thought this was the case. It's actually not me in this situation, but the seller was at the receiving end of a threatening phone call so I just wanted to find out where he stood.