I bought a fake Prada bag on yahoo auction.The Seller stated in his listing that the bag was 100 %authentic.I paid $399 via COD. I was trying to contact the Seller but he never responded to my emails.Can I sue the Seller?What can I do? I know his name and address.
2007-03-15 15:39:46 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I live in California,the Seller lives in New York.
2007-03-15 15:40:35 · update #1
yes
2007-03-15 15:42:24 · answer #1 · answered by glamour04111 7 · 2⤊ 1⤋
Well, he did obviously lie to you about the authenticity of the bag. But his statements themselves may not matter much if it is obvious to you or to a reasonable buyer that the thing is fake. A Prada bag, brand new, probably sells for at least $1500. So he will argue that of course you knew or should have known it was fake since you were only paying $400 for it. This is also true when people buy a television set for $20 and upon arrest for buying stolen property they claim they didn't know it was stolen.
2007-03-15 23:44:14 · answer #2 · answered by musicdotcm 3 · 0⤊ 0⤋
Check with Yahoo Auction and see if you have recourse.
Never do the COD thing in an auction work through Paypal if your scammed they at least can do something about it. You can stop a check from being cashed or a money order. COD has to be the most expensive way to go you end up paying at least 5 times the amount of a normal package.
The only people that get anything out of a lawsuit is lawyers and doctors.. for small claims I don't think its worth the hassle. Check with Yahoo Auctions help FAQ area at the bottom of this link http://auctions.yahoo.com/phtml/auc/us/faq.html
2007-03-15 22:53:10 · answer #3 · answered by Tapestry6 7 · 0⤊ 0⤋
Yes you can!! Take a printout of the exact advertisement from yahoo auction and find out from yahoo who the vendor was. This is fraud!! By the way, tell Prada this jerk is selling counterfeit Prada product. They'll file a court order to Yahoo demanding the identity of this individual. The "you know what" is gonna hit the fan!! This idiot won't have enough lawyers to protect him or herself from Prada and you.
2007-03-15 22:50:00 · answer #4 · answered by nixdad96 5 · 0⤊ 0⤋
since most Prada bags go for over $1200 dollars, you should have realized that you were not getting an authentic Prada bag for $399 COD. Falls under that old saying caveat emptor.
2007-03-15 22:47:03 · answer #5 · answered by Jim T 4 · 1⤊ 0⤋
You can sue them, and maybe even win in small claims court. But what are you going to do when you win, you will have a judgement, how are you going to find any of his bank accounts, where he works, or anything,
Winning in court does not mean they are going to pay, it only means that you can try legal ways to get the money.
Go read some of the questions about people getting judgements against them, and they are still not paying or fidning ways not to pay.
2007-03-15 22:57:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you used paypal they have some refund guidelines for things like that...
13.1 Buyer Protection Programs. If you buy an item using PayPal and either do not receive the item or receive an item that you believe is Significantly Not as Described by the seller, we encourage you to open a Dispute with the seller in our Resolution Center. By doing so, you will initiate our Online Dispute Resolution Process—a step-by-step system designed to facilitate communication between you and the seller in order to get resolution of the issue. If your dialogue with the seller fails to produce a satisfactory result, you can then escalate the Dispute into a Claim that we will evaluate for reimbursement under one of the following programs:
PayPal Buyer Complaint Policy - Our best efforts program to reimburse Users for losses only to the extent we are able to recover the funds from sellers.
PayPal Buyer Protection Policy - Our program to reimburse Users for losses for up to (i) $2,000.00 USD (Top Tier Converage Amount) for eligible items purchased on eBay and (ii) up to $200.00 USD (Basic Tier Coverage Amount) for all other eligible items purchased on eBay. Please see section 13.9 to determine whether Top Tier Coverage Amount or Basic Tier Coverage Amount applies.
Buyer Protection for eBay Express - Our program to reimburse Users for the full amount of losses for items purchased on eBay Express.
Extended Buyer Protection with PayPal Credit - Our program to reimburse Users for the full amount of losses for items purchased using the PayPal Plus Credit Card or PayPal Buyer Credit.
These programs only cover payments for tangible, physical goods. All other payments, such as payments for intangibles, services, airline flight tickets, or licenses and other access to digital content are not covered by any Buyer Protection Program that we offer (but may be covered by Chargeback rights).
2007-03-15 22:49:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
NO... you're the one who bought a Prada bag from some stranger on the Internet...would you sue a guy if you bought the same bag from a street vendor in NY... I doubt it... chalk it up to a learning experience and move on!
2007-03-15 22:43:24 · answer #8 · answered by i_love_my_mp 5 · 1⤊ 3⤋
Chalk it up to one of life's hard lessons. You could probably sue but suing someone 3,000 miles away for $399 is sort of useless. Just report him to Yahoo so he can't sell things there anymore.
2007-03-15 22:44:54 · answer #9 · answered by Jim J 3 · 0⤊ 1⤋
LOL! Did he know it was fake? Prove it!
2007-03-15 22:48:41 · answer #10 · answered by TedEx 7 · 0⤊ 2⤋