A paint store owner has a home garage sale. An individual purchases a television at the sale. The individual is told the television is three years old, and nothing is said about its quality. Once home, the individual finds the television is unusable. The individual tries to obtain a refund, but the seller refuses. Will the buyer prevail in a breach of warranty claim?

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Business

Caroline Brennan

7 April, 07:40

A paint store owner has a home garage sale. An individual purchases a television at the sale. The individual is told the television is three years old, and nothing is said about its quality. Once home, the individual finds the television is unusable. The individual tries to obtain a refund, but the seller refuses. Will the buyer prevail in a breach of warranty claim?

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Alonzo Reid · Answer 1

Answer:No, the buyer will not prevail in the breach of warranty claim.

Explanation:

There was no express warranty assurance in the contract.

It can also be implied that the buyer knew there is the possibility of qualities issues with the Television since he was informed of it's age and he did not raise a query on the quality.

Consequently the buyer cannot sue for a breach of warranty.