Private Sale Gone Bad

[Jade4]

What is the name of your state (only U.S. law)? Georgia.

A few weeks ago my wife bought a TV from someone in our neighborhood using the NextDoor app. It was advertised as a Samsung 55" smart TV for $500. My wife went to look at it and discovered that it was an LG, not Samsung. However, she decided to go ahead and get it (she paid cash). The lady she bought it from couldn't readily find the remote or any manuals (she said they were in a box from moving) and said she would call us when she found them and worst case, we could bring the TV back and get our money back. There is absolutely no model number or other indication on the TV as to what is is (apart from LG logo) so we could not even look it up to see the manufacturer specifications. At first, the seller was responsive and even mentioned she was going to buy us a replacement remote because she couldn't find the original after a couple of weeks. However, things changed quickly.

Long story short, the ad was misleading in several ways: the maker was wrong (LG, not Samsung); it is a 47" TV not a 55" TV (didn't realize this until we actually measured it); it's not a smart TV (no internet connectivity). We have tried several times to contact this person to get our money back and have no response. Her phone number no longer works but we have tried using the NextDoor app which presumably still goes to her email. We do have her name and address but have not confronted her yet. While we were told initially and at least once subsequently that we could get our money back, she stopped communication when we finally requested it. Unfortunately I don't believe we have record of her offering a refund, just verbal and my wife's electronic communication back, which we do have a record of.

I'm curious what my legal options are and if I have a case to sue in magistrate court to return the TV and get our money back, along with fees and compensation for our time chasing this down. Thanks in advance for any advice!

 

[Zigner]

The "misleading" parts of the ad were readily apparent. Your wife had every opportunity to inspect the television and accepted it as is.

Buy a $15 universal remote and enjoy the new TV.

 

[Jade4]

The "misleading" parts of the ad were readily apparent. Your wife had every opportunity to inspect the television and accepted it as is.

Buy a $15 universal remote and enjoy the new TV.

Hi Zigner, thanks for the response. That's my default position on this, and to chalk it up to a misunderstanding that resulted in a painful lesson learned.

But what gives me pause is how this woman seems to have purposely misled us. While my wife did have every opportunity to inspect the TV, there was no model number on it to verify what the seller told her (apart from the fact that it was not a Samsung). I've never seen a TV that didn't have a model number sticker and I wonder if she may have removed it purposely. My suspicion is also that she had the manual and chose not to provide it because it would have clearly shown that the TV was not 55" and not a smart TV. She also offered to refund our money twice and then stopped all communication when we agreed.

I'm just wondering if there is a case here. I doubt there is, though.

 

[Zigner]

Hi Zigner, thanks for the response. That's my default position on this, and to chalk it up to a misunderstanding that resulted in a painful lesson learned.

But what gives me pause is how this woman seems to have purposely misled us. While my wife did have every opportunity to inspect the TV, there was no model number on it to verify what the seller told her (apart from the fact that it was not a Samsung). I've never seen a TV that didn't have a model number sticker and I wonder if she may have removed it purposely. My suspicion is also that she had the manual and chose not to provide it because it would have clearly shown that the TV was not 55" and not a smart TV. She also offered to refund our money twice and then stopped all communication when we agreed.

I'm just wondering if there is a case here. I doubt there is, though.

Again, your wife had every opportunity to fully inspect her purchase before the deal was made. She bought the item as-is. Once she accepted an entirely different TV (with full knowledge), then all bets are off. The offer of a refund really means nothing since the lady was under no legal obligation to offer anything.

You could buy an inexpensive Blu-Ray player (~$70) with web apps...then you will have the same functionality.

 

[Just Blue]

Hi Zigner, thanks for the response. That's my default position on this, and to chalk it up to a misunderstanding that resulted in a painful lesson learned.

But what gives me pause is how this woman seems to have purposely misled us. While my wife did have every opportunity to inspect the TV, there was no model number on it to verify what the seller told her (apart from the fact that it was not a Samsung). I've never seen a TV that didn't have a model number sticker and I wonder if she may have removed it purposely. My suspicion is also that she had the manual and chose not to provide it because it would have clearly shown that the TV was not 55" and not a smart TV. She also offered to refund our money twice and then stopped all communication when we agreed.

I'm just wondering if there is a case here. I doubt there is, though.

I do as well.

Your wife made a mistake. Not a biggy and Zig has given you good options to "fix" it.

I hope you and your family have a Merry Christmas!! Be good to each other!

 

[Jade4]

Yeah, I guess that's the best option. Thanks for the responses; much appreciated!