Seller Lied to me about Cell Phone Model.. Need some Legal Advice?

[fracekm]

Arkansas

So I used a local facebook yard sale group page (where local people can buy and sell stuff to each other. Similar to craigslist) to purchase a smart phone tonight. In the facebook post the lately said that she was selling Samsung Galaxy note 2. I texted her about it and she confirmed that it was the samsung galaxy note 2. I met up with her and everything looked good on the phone So I purchased it. I went home and was looking through the phone which eventually led me to google the model number. Turns on she sold me Samsung Galaxy note 1! I did not notice because physically the 1 model and the 2 model look almost identical. The value of the two phones are drastically different since the 1 is so much older. I tried getting the seller to refund me the money, or alteast some of it to make up for the fact that she lied and sold me a much cheaper phone. She refuses to give me anything back and claims that I got to inspect it before I bought it. However even by just looking at the exterior it would be extremely difficult to distinguish since they look similar. I have screenshot proof that on the facebook page she said it was a galaxy note 2 and also text message proof that she said it was a note 2. Do I have a case here? What should I do? It makes me really mad that this lady is getting away with false advertising me out of some money.

 

[swalsh411]

No. By giving her the money after you examined the phone you decided it was acceptable to you. You can tell the difference. You chose not to perform a careful enough inspection.

 

[Mass_Shyster]

No. By giving her the money after you examined the phone you decided it was acceptable to you. You can tell the difference. You chose not to perform a careful enough inspection.

Gotta disagree.

Under the UCC (§ 2-313) seller's statement that item was Note 2 created an express warranty. Seller is in breach.

OP is entitled to demand a refund, and sue if no refund is forthcoming.

 

[fracekm]

Gotta disagree.

Under the UCC (§ 2-313) seller's statement that item was Note 2 created an express warranty. Seller is in breach.

OP is entitled to demand a refund, and sue if no refund is forthcoming.

Excellent Find, I knew that I remember reading something like that in my business law class. Thank you. Any others inputs? How should I go about handling this??

 

[swalsh411]

Your first step is to demand your money back, and then if they do not, sue them in small claims court. Do you have an address?

Seller may claim you examined the phone, realized it was not the exact model you wanted, but decided to buy it anyway.

You can tell right aware the Note 1 vs 2 because the 2 has buttons on either side of the center button and the 1 does not.

 

[I'mTheFather]

They are similar enough in appearance that one could easily miss the differences unless one is regular user.

 

[fracekm]

The seller refuses to give a refund. Is my only option small claims court? What are the usual cost associated with it? Thanks

 

[fracekm]

The seller wont respond and I also just found out the phone has a bad IMEI number so the phone can not be used under any service. What are the processes of small claim court?

 

[Dave1952]

Do you know where the seller lives? Call that County's Clerk's Office and ask if they have a brochure on small claims, or find the info on-line. Usually you need to fill out a couple of forms, pay the court fee, and pay the document service fee. Expect to lay out $50-100. Include these fees in your suit, so you'll get them back if you win.
That should get the ball rolling. Get a copy of the Facebook ad. That's important evidence that she advertised a 2. Get a copy of whatever you found that indicates that you don't have a 2. It will be up to you to prove your case.
Remember that after you win in court you'll still have to collect the debt. This can be a pain.