• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

False advertisement of used item

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Brentgd86

Junior Member
Hi, I am in Texas, and I purchased a used mountain bike off of craigslist 2 days ago. I did not notice until I got home that the wheels he had on the bike were different than the ones listed in the ad. The difference in price for the two wheelsets is nearly $500, and was a major factor in my decision to buy the bike. When I asked him about the wheels, he said he traded them for the set that is on the bike now, and that he already spent the money. He refuses to even consider some kind of compensation. I did not meet with the guy at his house so I do not have his address, and I can not remember his last name. I have been looking into doing a reverse phone lookup, but I am not sure how accurate they are, or which service to use...Any recommendations? I do have a copy of the craigslist ad and all the text messages in which he admits he posted the wrong wheels. Am I just going to be SOL here, or do I have any recourse?
Is my initial inspection mistake going to leave me with no recourse?
Thanks for your help,
Brent
 


JETX

Senior Member
Hi, I am in Texas, and I purchased a used mountain bike off of craigslist 2 days ago. I did not notice until I got home that the wheels he had on the bike were different than the ones listed in the ad. The difference in price for the two wheelsets is nearly $500, and was a major factor in my decision to buy the bike. When I asked him about the wheels, he said he traded them for the set that is on the bike now, and that he already spent the money. He refuses to even consider some kind of compensation.
If the ad specifically refers to a brand and or 'quality' of wheels and the sale did not include them, that is clearly a case of fraud and the seller could be forced to 'undo' the transaction and/or compensate you for the difference in price. KEEP A COPY OF THE AD!!

I did not meet with the guy at his house so I do not have his address, and I can not remember his last name.
Now that is a HUGE problem for you... if you can't locate the seller, you are pretty much SOL. Wanna' bet you gave him CASH too??
 

sandyclaus

Senior Member
Hi, I am in Texas, and I purchased a used mountain bike off of craigslist 2 days ago. I did not notice until I got home that the wheels he had on the bike were different than the ones listed in the ad. The difference in price for the two wheelsets is nearly $500, and was a major factor in my decision to buy the bike. When I asked him about the wheels, he said he traded them for the set that is on the bike now, and that he already spent the money. He refuses to even consider some kind of compensation. I did not meet with the guy at his house so I do not have his address, and I can not remember his last name. I have been looking into doing a reverse phone lookup, but I am not sure how accurate they are, or which service to use...Any recommendations? I do have a copy of the craigslist ad and all the text messages in which he admits he posted the wrong wheels. Am I just going to be SOL here, or do I have any recourse?
Is my initial inspection mistake going to leave me with no recourse?
Thanks for your help,
Brent
You, my friend, are out of luck. Most private party sales are "as is". It is your responsibility to ensure that the item is fit for the intended use and purpose, and that it matches the description before you complete the sale. It didn't, you didn't notice, and completed the sale anyway - just the way it was. So you got what you saw and paid for it.
 

Zigner

Senior Member, Non-Attorney
Gotta disagree Jet - the OP inspected and accepted the bike as-is. What do you want to be that the seller will remember the detailed conversation they had during the inspection about the wheels being different than advertised? ;)
 

Brentgd86

Junior Member
What do you want to be that the seller will remember the detailed conversation they had during the inspection about the wheels being different than advertised?
I am pretty sure I can locate the guy...If I can't I'm obviously SOL, but I do have our text message conversation in which he admits that he did not disclose the changes. I don't know if this matters or not, but nowhere did the ad say "as is" ...and the ad very specifically lists the parts.
 
I am pretty sure I can locate the guy...If I can't I'm obviously SOL, but I do have our text message conversation in which he admits that he did not disclose the changes. I don't know if this matters or not, but nowhere did the ad say "as is" ...and the ad very specifically lists the parts.
Yes that might matter to a Judge, or maybe not. It also might be hard to prove what you paid without some kind of proof....

Small claims but it is your responsibility to collect if you win.
 

Brentgd86

Junior Member
I have the entire text message conversation...including the agreed price and all the details of the contract...I have been looking through an old BLAW book and correct me if I'm wrong here. This case would fall under fraudulent misrepresentation.
1. a misrepresentation of a material fact clearly occurred
2. intent to deceive - I have a txt message in which he clearly states that he knew about the different wheels but did not post correctly in the ad. Does intent to deceive mean I have to prove he was TRYING to @#$% me, or merely that he knew about the difference and chose not to disclose anyways?
3. reliance on the misrepresentations - clearly I had to rely on his ad being true.
 

Zigner

Senior Member, Non-Attorney
I have the entire text message conversation...including the agreed price and all the details of the contract...I have been looking through an old BLAW book and correct me if I'm wrong here. This case would fall under fraudulent misrepresentation.
1. a misrepresentation of a material fact clearly occurred
2. intent to deceive - I have a txt message in which he clearly states that he knew about the different wheels but did not post correctly in the ad. Does intent to deceive mean I have to prove he was TRYING to @#$% me, or merely that he knew about the difference and chose not to disclose anyways?
3. reliance on the misrepresentations - clearly I had to rely on his ad being true.
You INSPECTED and ACCEPTED the vehicle AS-IS. Had the wheels been such a factor, you would have put a stop to the transaction upon inspection.
 

JETX

Senior Member
You INSPECTED and ACCEPTED the vehicle AS-IS. Had the wheels been such a factor, you would have put a stop to the transaction upon inspection.
And of course, that is NOT correct.

If an ad includes a specific 'claim' and that claim is false, that is fraud and actionable. There is no such thing as 'as is' when a specific claim of fact is made.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top