Bad deal on craigslist

[808imnate]

Hawaii

Hello! So I recently purchased an iPhone 4s from someone on craigslist. Unfortunately, I later realized that the seller lied about two things: he said the carrier was AT&T when it was actually Sprint, and he said the storage capacity was 32Gb when it was only 16Gb. I sent a text message to the seller saying that he lied about those things. He then admitted to lying about it and even said the phone might be stolen. I told him it was alright because I didn't think I'd ever be able to find him again. The next morning, I uncovered another problem with the phone, which was the extremely poor battery life, which goes against the part of his ad that said "brand new condition iPhone." I decided that there were too many problems for me to be able to use this phone. I texted him saying that I wanted to make it right and trade back the phone for my money or I will take legal action. He declined the offer. I was able to find him on facebook and both me and my friend who was with me at the time of the trade will be able to identify him. What can I do to win my money back (and any other compensation) in court? Charge him with fraud? How can I use text messages as evidence in court? I also have his craigslist ad saved on my computer.

 

[OHRoadwarrior]

You can attempt to sue him in small claims court.

 

[swalsh411]

I would turn the phone into the police right away. You do not want to be caught in possession of stolen property. Then sue the guy.

 

[sandyclaus]

Hawaii

Hello! So I recently purchased an iPhone 4s from someone on craigslist. Unfortunately, I later realized that the seller lied about two things: he said the carrier was AT&T when it was actually Sprint, and he said the storage capacity was 32Gb when it was only 16Gb. I sent a text message to the seller saying that he lied about those things. He then admitted to lying about it and even said the phone might be stolen. I told him it was alright because I didn't think I'd ever be able to find him again. The next morning, I uncovered another problem with the phone, which was the extremely poor battery life, which goes against the part of his ad that said "brand new condition iPhone." I decided that there were too many problems for me to be able to use this phone. I texted him saying that I wanted to make it right and trade back the phone for my money or I will take legal action. He declined the offer. I was able to find him on facebook and both me and my friend who was with me at the time of the trade will be able to identify him. What can I do to win my money back (and any other compensation) in court? Charge him with fraud? How can I use text messages as evidence in court? I also have his craigslist ad saved on my computer.

If you can PROVE that he intentionally misrepresented the condition and features of the phone, then you MIGHT win your case.

Your biggest obstacle is actually finding the guy to serve him in order to successfully sue him. Just because you have a Facebook account is meaningless. You have to be able to find his address in order to have him served. If you can't do that, then you'd be out of luck.

Out of curiosity, why did you not fully inspect the phones to verify the condition and the features as stated before actually handing over the cash? What kind of price was he offering for the phone? Did it seem reasonable or very inexpensive considering what he had to sell? If you are somehow able to actually find the guy to serve him, that might be another obstacle in successfully suing him. You saw what he had to offer, and yet you accepted the product as you found it. That could be a problem.

Then there's the fact that if you are successful in suing, all you get out of it is a judgment. It's still up to you to collect any money from the guy after that.

 

[808imnate]

If you can PROVE that he intentionally misrepresented the condition and features of the phone, then you MIGHT win your case.

Your biggest obstacle is actually finding the guy to serve him in order to successfully sue him. Just because you have a Facebook account is meaningless. You have to be able to find his address in order to have him served. If you can't do that, then you'd be out of luck.

Out of curiosity, why did you not fully inspect the phones to verify the condition and the features as stated before actually handing over the cash? What kind of price was he offering for the phone? Did it seem reasonable or very inexpensive considering what he had to sell? If you are somehow able to actually find the guy to serve him, that might be another obstacle in successfully suing him. You saw what he had to offer, and yet you accepted the product as you found it. That could be a problem.

Then there's the fact that if you are successful in suing, all you get out of it is a judgment. It's still up to you to collect any money from the guy after that.

Well, his facebook gives his full name and what school he goes to. (He's a senior in high school, 18 years old.) I did inspect the phone but he told me he was in a hurry so I didn't really get a good long look at it. The only way to find out the carrier is by searching the model number online, which I was not able to do at the time. There is no way to tell how long the battery will hold a charge on the spot. I suppose I could have checked to make sure it was 32Gb as he said in the ad, but I just assumed he was telling the truth. The price was inexpensive $280, but still within reason. It seems like a small amount but he's giving me such a ****y "sucks to be you" kind of attitude that I want to stick it to him, if you know what I mean.

 

[sandyclaus]

Well, his facebook gives his full name and what school he goes to. (He's a senior in high school, 18 years old.) I did inspect the phone but he told me he was in a hurry so I didn't really get a good long look at it. The only way to find out the carrier is by searching the model number online, which I was not able to do at the time. There is no way to tell how long the battery will hold a charge on the spot. I suppose I could have checked to make sure it was 32Gb as he said in the ad, but I just assumed he was telling the truth. The price was inexpensive $280, but still within reason. It seems like a small amount but he's giving me such a ****y "sucks to be you" kind of attitude that I want to stick it to him, if you know what I mean.

The fact that he was in such a hurry should have been a red flag for you - you should never be rushed to make a decision whether or not to purchase something. I suppose you're going to learn the hard way why it would have been an EXCELLENT idea to take your time, as not doing so could be your downfall.

And just because you have his full name and the name of this school doesn't guarantee you can find out his address. I seriously doubt that the school would let you on campus to have him served.

 

[808imnate]

The fact that he was in such a hurry should have been a red flag for you - you should never be rushed to make a decision whether or not to purchase something. I suppose you're going to learn the hard way why it would have been an EXCELLENT idea to take your time, as not doing so could be your downfall.

And just because you have his full name and the name of this school doesn't guarantee you can find out his address. I seriously doubt that the school would let you on campus to have him served.

Sure, next time I'll be more careful about making purchases. We all make mistakes, although maybe you don't? But for now, what's done is done and I'm just trying to fix this. I was thinking of just calling the police during school time and having them get him from class. Then we both give our side of the story and I tell them I want to press charges.

 

[sandyclaus]

Sure, next time I'll be more careful about making purchases. We all make mistakes, although maybe you don't? But for now, what's done is done and I'm just trying to fix this. I was thinking of just calling the police during school time and having them get him from class. Then we both give our side of the story and I tell them I want to press charges.

Press charges for what? It's a civil matter, not a criminal matter. The police aren't going to come out there just so that you can question the guy. They have no reason to even get involved here unless a crime has been committed, which it hasn't.

I know you claim that the guy said he stole the phone, but he'd be a fool to actually admit that while the police are present.