The previous expert has opted out for some reason, so I have opted back in.Generally Speaking
If someone purchased an item "as is," there is really no guarantee. So normally, this would not be an issue, and the seller would simply not be liable, especially if the buyer broke the item in use and possibly of their own fault.2001 v 1970
However, this becomes an issue when the item is actually from the 1970s. To the buyer, you MISREPRESENTED the sale. They can allege (1) fraud and (2) false advertising
Fraud is which contains the following elements: (1) a representation; (2) which is material to the transaction at hand; (3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately caused by the reliance. Gibbs v. Ernst, 647 A. 2d 882 - Pa: Supreme Court 1994
For false advertising, see here
It is presumed that you KNEW that the item was from the 1970s. Even if you could show that you REALLY DID NOT KNOW that this was from the 1970s, the false advertising may still apply.
Someone in your situation may also SUE the original seller for indemnification for lying about the year if the buyer sues you alleging one or the other above.
I cannot tell you what
to do. However, for the buyer it looks like even if they did break it in use, that they can still argue that it was due to the item being so old, and then pursue for fraud. To avoid this, it may be better to settle the matter by offering to pay for PARTIAL bill to fix it? Only in exchange for the buyer WAIVING any claim, perhaps. Let me know if you need such a waiver template.
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