"trader_4" wrote in message
...
On Friday, September 4, 2015 at 10:50:10 AM UTC-4, taxed and spent wrote:
"M.L." wrote in message
...

1.) Brother purchased Whirlpool Estate washer (TAWS700RQ3) and dryer
(TGDX640PQ1) set for $200 on Craigslist. Seller assured him that both
were in excellent condition.

2.) At home, washer worked as expected but no heat from dryer.

3.) Called gas company to check hookup. Gas tech said dryer had wrong
adapter for hookup (from flex gas line to dryer gas pipe).

4.) Purchased new adapter, still no heat.

5.) Replaced solenoid coils. Still no heat.

6.) Paid appliance repairman $60 to diagnose dryer issue.

7.) Repairman said no gas was getting to dryer and would need to
replace gas burner assembly. Cost would be prohibitive.

8.) Sold dryer to repairman for $20.

As repairman was moving dryer to his van I asked for the adapter that
my brother had purchased. Repairman looked at it and said the adapter
was suitable for a gas grill, not a dryer. Said that probably was why
there was no heat. Repairman would not return the dryer since it was
sold.

Shouldn't his troubleshooting have determined that the adapter was the
wrong type?

Note: Brother purchased another used dryer for $125 (with 90 day
warrantee) that works.

Yes. He should have returned the $60 and the contract of sale was void
due
to mutual mistake. Do you YELP?

I think the repair guy should have caught it. But it's questionable
that the sale is then invalidated. You'd have to convince a court
that the repair guy actually committed fraud, ie that he knew the real
problem, purposely mislead the seller, etc. A "mistake" isn't enough.
I could sell someone a Picasso at a garage sale, not realizing what it
was. I can't later figure it out, claim "mistake" and undo the sale.

Mutuality of mistake is one reason a contract is voidable. Do some
research.