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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100408
Experience:  Lawyer
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We are a seller in a lawsuit about a used engine we sold

Customer Question

We are a seller in a lawsuit about a used engine we sold .the customerdidn't like the way it performed and tryed to return it more that a mouth after the end of the waranty period.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Alberta Canada
JA: Has anything been filed or reported?
Customer: es we are being sued now
JA: Anything else you want the lawyer to know before I connect you?
Customer: they want to claim down time and truck rental in the amuont of 65,000 dollars for 13,000 dollar engine
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

I am sorry to hear this.

Do you have insurance to cover this?

Have they provided proof of the rental costs?

Was the engine in perfect order when you sold it?

How long was the warranty period for?

Customer: replied 9 months ago.
The warranty was for 30 days . It was a used engine , it was started and viewed by the customer.He had a complaint about the power within the warranty period. We have a money back warranty within the 30 days He chose to take some parts and a small compensation instead of returning the engine( nothing in writing) except the compensation.He tried to return the engine 2 months after the warranty and we refused.We have no insurance for this.
Expert:  Debra replied 9 months ago.

So in other words you would happily have taken the motor back after he became dissatisfied with it but he choose to take a bit of a discount and make the reparis and then later on he realized that that was not good enough? And he knew full well about the 30 day warranty, right?

Customer: replied 9 months ago.
but he never signed any thing and now won't admit anything
Expert:  Debra replied 9 months ago.

It sounds to me that your case is very strong but there is a lot of money at stake so it would be best to have a lawyer represent you at least for drafting your defence.

In court they have the burden of proof and they will have to prove their allegations which will be that you sold them something defective.

But you were clear and agreed to take the engine back and they declined so I cannot see the court finding you at fault.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 9 months ago.

Is there anything more I can help you with at this point in time?

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