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What are my rights within a private sale?

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boric

Junior Member
What is the name of your state (only U.S. law)? Texas

On Saturday (4/17/10) , I bought some hair extensions from a seller on Craigslist. They looked and felt fine when I bought them, but hair extensions are something that must be worn in order to know whether or not they are a good product (just like any health or beauty product, you can't tell if it's good or not without using it).

The ad described them as having the ability to be curled and straightened, and I could not do either, they were very puffy and frizzy. The ad said they had luster and shine, and the hair looks and feels dry. The ad said that I would get long term use and wear from the hair extensions (she told me I could reuse them for up to a year), and they looked ratty on the very first day.

I noticed all of this as soon as the extensions were in, and called the seller less than 24 hours later, notifying her of my problems with the product she sold me, however she refuses to refund my money. I spent a lot of money in order to have a good product, but I do not feel as if the product is good, I feel as though it is defective, and was misrepresented.

Do you feel as though I would have any chance of recouping my money in small claims court? Or does everything that is purchased from a site like Craigslist fall under "caveat emptor"? I would hope that I could stand before a judge an present my case, because I do not believe that the seller is being fair or reasonable, and is not using good business ethics.

Also, she supposedly imports this hair from another country, with the purpose of selling as a vendor. This is a business venture for her. Is this even legal for her to do without paying taxes? Of course I didn't care about that while purchasing, but I figure if I mention that to her, she would try to settle out of court and return my money for this product.

Please advise.
 


JETX

Senior Member
Do you feel as though I would have any chance of recouping my money in small claims court?
Of course there is a chance. How much of one depends on LOTS of things. Start NOW by documenting (keep copy of ad), go to another shop and get their opinion (preferably in writing, etc.).

Or does everything that is purchased from a site like Craigslist fall under "caveat emptor"?
Not if there were specific claims made (as your post indicates). If those claims are false, that is fraud.... and not 'buyer beware'.

This is a business venture for her. Is this even legal for her to do without paying taxes?
No. Contact the Texas Comptroller's office.
 

xylene

Senior Member
On Saturday (4/17/10) , I bought some hair extensions from a seller on Craigslist. They looked and felt fine when I bought them, but hair extensions are something that must be worn in order to know whether or not they are a good product (just like any health or beauty product, you can't tell if it's good or not without using it).
So the product, as purchased, met your expectations.

The ad described them as having the ability to be curled and straightened, and I could not do either, they were very puffy and frizzy. The ad said they had luster and shine, and the hair looks and feels dry. The ad said that I would get long term use and wear from the hair extensions (she told me I could reuse them for up to a year), and they looked ratty on the very first day.
Prove that the frizz and puffy was a defect and not a result of improper styling.

Can you really prove your styling equipment or technique did not scorch or toast the hair?

Also you said the hair looked and felt fine... but it feels dry and and looks dull...

Those are aspects of the hair that you would notice just fine from the get go, nothing dependent on use.


Report the illegal business as suggested, you want to get back for the shoddy merchandise, but don't exaggerate your claims of defect when the areas you have a problem should have been perfectly apparent - ie the hair being dry or brittle would not fall under the area of a hidden defect.
 

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