They are in great condition it just turns out that the reason he doesn't use the company anymore is because he didn't pay his bill and the phone had to be shut off because when I call Customer Care from the phone it says the bill owed is $620. I called the guy and he said he was busy this weekend and would try to take care of it on Monday. What a bunch of crap I am going through! Sprint bascially said to me on the phone that he would have to pay his bill for the phones to be released. He wrote me an email stating that it was just as if I bought it at a yard sale and had no implied warranty or return policy. Yet I have his posting and emails saying the phone "worked" and was in great condition. Bascially implying the phones for "use" by me. What can I do? Do I have any legal options against this guy?
2007-06-23 04:26:19 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I paid $130 for the phones.
2007-06-23 04:38:47 · update #1
Unless Craigslist or the seller specifically, in conspicuous print, declared that the Warranty of Merchantability was not in effect, then it IS in existence. Even at a Yard Sale, there is an Implied Warranty of Merchantability. One does NOT have to be a merchant to sell goods that include this very basic warranty.
If you file suit, the issue will be whether you could have reasonably expected the phones to be useable in their communicative capacity. That could go either way. But, it is possible for you to win a suit. However, be prepared to lose. Small Claims Court is where this would go, and you are at the judge's whim.
2007-06-23 04:41:56 · answer #1 · answered by cyanne2ak 7 · 2⤊ 0⤋
Not that these are a great resource of legal information and advice, but I have seen these types of cases being won on TV. I'd say that you do have a case. You said you still have the listing. Do yourself a favor PRINT IT OUT!! Now.
If you like you can send me a copy of the listing and I will look it over to see if there is any 'fine print' that would take all legalities off the seller.
2007-06-23 11:31:42 · answer #2 · answered by FaerieWhings 7 · 0⤊ 0⤋
No, with the low cost of new cell phones, why would you buy them second hand? I understand they may have been cheep, but when that type of thing happens there is usually a catch.
They to get your money back, but Craig's List has no protections and a lawsuit would be a waste of time and money.
2007-06-23 11:32:40 · answer #3 · answered by dinger136 2 · 0⤊ 0⤋
I don't think you have a case...the phones "work fine" as there is nothing physically wrong with them. I'm not certain, but I'm pretty sure the seller knew what he was doing and didn't include any coverages about the warranty.
I think hiring a lawyer would be a waste of time...you can try small claims court but I don't know what else to tell you.
2007-06-23 11:35:29 · answer #4 · answered by Nephroid 3 · 0⤊ 1⤋
You have no case, the phone comes on and functions, so it in fact, works.
2007-06-23 11:40:24 · answer #5 · answered by Shadow Kat 6 · 0⤊ 0⤋
Craig's list is that the guy who's pimpin women
2007-06-23 11:36:18 · answer #6 · answered by Anonymous · 0⤊ 4⤋