Bought used Xbox and it quit working...do I have a case?

What is the name of your state? Nebraska

I just bought a used Xbox 360 video game console from a person. I went to his house to pick it up and while I was there I had him turn it on just to make sure it booted up okay...it did. He said it had been sent in to the manufacturer for repair previously because it had a hardware failure. I got it home and played it for a total of about 20 minutes and it started locking up and showing error messages that indicate the same hardware failure that he said had already been fixed. It won't turn on at all now. I would like to get my money back from him since it quit working less than 2 hours after I got it from him. I have called and emailed him several times in the last 24 hours but he hasn't yet responded. Do I have any recourse here? Do I have a case to take him to small claims court?

Was this purchase through an Ad ?

If so what did the Ad say word for word ?

IF it was not advertised as being in good to excellent working condition , then you already knew about a prior failure , and took your chances and bought in knowing that , and in that case I'd say you have no recourse .

BL said:

Was this purchase through an Ad ?

If so what did the Ad say word for word ?

IF it was not advertised as being in good to excellent working condition , then you already knew about a prior failure , and took your chances and bought in knowing that , and in that case I'd say you have no recourse .

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Thanks for your quick reply! The ad was listed on Craigslist and the exact wording was:
"xbox 360.. 2 wired controllers.. 20 gig hard drive.. works great"

Works great is iffy , especially because it was used and explained to you it had already had at least one failure .

Another problem is you have the Item .

Go get a repair estimate , and file for the repair amount .

Take a copy of the AD , and tell the court you relied on the Ad's statement it worked great .

It's a toss up , if you'll be rewarded or not .

If you got the filing fee and some time , go for it .

If you win , great . If you lose you will have had an experience .

worked great when you turned it on didn't it?

That is actually all that had to happen to fulfill the ad.

Unless you can get proof that whatever happened would have been known to the seller before he sold it to you (by poor performance or some other problem in the actions), you will have a hard time claiming that the seller misrepresented the unit.