Craigslist Cell Phone purchase

[mtran1978]

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

I purchased a SmartPhone from a "dealer" on Craigslist for $300 dollars. When we met he showed me a couple of the setup screens but he said it need a sim card before it could work.

I asked him if the phone was new and if there are any problems with it. He said the phone was new and there were no problems. All I had to do was go to Verizon and get a sim and trasfer over the new number. Once I had it in my hand at verizon I was able to see more screens and now I can see "Burn In" on the screen. There is a logo and "demo" images burned into the screen (like faint ghost images). Most noticible on white background such as Web Pages. It'll cost $250 to fix the screen.

When I first called back he answered and said he would give me a refund.
He has now started to not picking up when he sees my number. I called from home and he picked up and now he knows not to pick up that number either. I've sent him text messages and still no response.

Can I take him to small claims court?

Thank You for any advice.

 

[swalsh411]

What did the original Craigslist ad say? Did it say new? Did you keep a copy?

Most smartphones cost up to $600 if purchased without a contract. You didn't think it was odd you were getting a "new" one for half the price?

Have you been able to activate it for service? I'd not be shocked if it comes up stolen.

Do you even have this person's address so you can serve them?

 

[mtran1978]

What did the original Craigslist ad say? Did it say new? Did you keep a copy?

Most smartphones cost up to $600 if purchased without a contract. You didn't think it was odd you were getting a "new" one for half the price?

This is the ad
SAMSUNG GALAXY S3 FOR VERIZON CLEAN ESN BRAND NEW LOOKING - $299 (HOUSTON)
There was nothing in the body of the ad.
I did not think it was Brand New out of the box.
Used ones are going for ~$350 (The phones only been out 3 months)

Have you been able to activate it for service? I'd not be shocked if it comes up stolen.

I did Activate it and I was told it has never been activated. I called Samsung and confirmed the Warranty started the day I activated it. The phone functionally works fine.

Do you even have this person's address so you can serve them?

I have a cell number and he is technically a cell phone "dealer" with over 50 postings on Craigslist.

 

[Mass_Shyster]

Can I take him to small claims court?

The simple answer is :Yes, you can take him to small claims court.

The harder question is: Will you prevail.

You will have to show that
(a) He claimed the phone was new and had no problems, and
(b) When you received the phone, it was not new and/or had problems.

The cause of action is a breach of express warranty. Since the express warranty was oral and not written, you have a situation where he can easily deny that he said it was new and had no problems.

The outcome will depend on who is more credible.

 

[OHRoadwarrior]

Not to appear as Capt. Obvious, but did you ask Samsung if they would warranty it due to the burn in?

 

[justalayman]

SAMSUNG GALAXY S3 FOR VERIZON CLEAN ESN BRAND NEW LOOKING - $299 (HOUSTON)

Brand new LOOKING.

there goes your suit. Even you said it looked brand new.

and per Samsung, it has never been activated. I'm curious as to how it has burn in and never been activated though.

 

[OHRoadwarrior]

Brand new LOOKING.

there goes your suit. Even you said it looked brand new.

and per Samsung, it has never been activated. I'm curious as to how it has burn in and never been activated though.

Sounds like it was dealer demo model, playing a demo screen regularly, with a loop if activated by potential customers.

 

[mtran1978]

Sounds like it was dealer demo model, playing a demo screen regularly, with a loop if activated by potential customers.

That is exactly what it is. I don't know if that is considered "used" but he said it was new.
I am looking into the warranty from Samsung.
I really don't care about the money. I'm not rich but $300 will not affect me financially. It sounds cliche but it is more about the principle and preventing him from doing it to someone else. And putting some pressure on him to conduct proper transactions. Even on craigslist.

 

[justalayman]

but based on your own statement, the phone was advertised as "new looking" and it was. Which statement do you think a court will give credence to; the one in writing or the one you claim you were told (which, of course the seller will deny).



I didn't think about the stores that the demo's are not actually active (Best Buy). I usually go to a corporate owned store (not Verizon though) and they are all active phones there.


What I would be checking is to make sure this wasn't stolen from a dealer. I would think the serial number was registered but just in case, I would specifically ask Samsung to whom it was sold and chase that as far as necessary to ensure it isn't stolen. Especially since they have not been on the market very long, it seems odd somebody would already have a display model from an authorized dealer.