Craigslist - Bought new phone, 3 month's later it stopped working

[OHRoadwarrior]

Do you have a written warranty? I'm sure you were sold the phone as-is.

But what about the Implied warranty of title? According to this, it is automatically implied that there are no undisclosed liens or claims from the sale of the phone and the seller did claim to have good title to it.

 

[Zigner]

Do you have a written warranty? I'm sure you were sold the phone as-is.

Yes, but this would likely rise to the level of a fraudulent transaction. It was an obvious misrepresentation. I think the OP is on solid ground, legally speaking. Unfortunately, the practicality of the matter will likely be the deciding factor her.

 

[Krim]

But implied warranties can either be written or oral. In fact, I believe the seller made express warranties when I asked her questions regarding proper ownership of the phone. If I read it correctly, the implied warranty of title goes into play regardless of whether or not the seller knew their was a previous owner unless specifically disclaimed, which she did not.

 

[Zigner]

But implied warranties can either be written or oral. In fact, I believe the seller made express warranties when I asked her questions regarding proper ownership of the phone. If I read it correctly, the implied warranty of title goes into play regardless of whether or not the seller knew their was a previous owner unless specifically disclaimed, which she did not.

I think that you have a slam-dunk case to win, if you could find the person. The costs to find the person are not compensable.

In other words, you are in a good place from a legal standpoint. From a practical standpoint though? Not so much.

 

[single317dad]

This is one step removed from repossession by T-Mobile. With the new plans, they've joined Verizon and Sprint in selling phones that they own until the contract is paid up. All three companies can disable a phone (ESN on VZW/Sprint, IMEI on T-mo) if the bill is not paid. With T-mo, the phone is purchased on installment payments separately from the service contract, lowering the price of the service once the phone is paid for. If the phone payment is not paid, service will terminate just as if the service was not paid, though in a different manner. The SIM card is deactivated if the service is not paid, the phone is disabled (IMEI block) if the phone payment is not made.

This reminds me of a case involving a friend of mine years ago. He had purchased a dirt bike on credit from a dealer. When he fell behind on the payments, he sold the bike and spent the money on something other than bike payments. Most people don't know whether there is or is not a title to any dirt bike, or to a certain bike in particular, so it's pretty easy to sell a titled dirt bike without a title. The bike was sold, and that was the end of it for a while.

My friend was registered at a riding area near the bike dealer. So was the person that bought the bike from him. The dealer saw the bike at the riding area, loaded it up and repo'd it. The buyer was furious, naturally.

In the end, the dealer was right to repo the bike, sell it, and sue my friend for the difference. The buyer was right to sue my friend for his damages (roughly equal to the cost of the bike). As would be OP to sue for cost of the phone, or pay off the bill at T-mo and sue for that amount.

 

[Krim]

Keeping in mind that the seller had a reasonable expectation of being recorded through video and not audio because she agreed to meet up in front of a security camera, is it legal for me to post pictures of her I recorded on video to certain places in hopes someone can give me a lead? Or is there a law against that too? What if I posted her picture in various places warning people that she's a scammer?

 

[TheGeekess]

Keeping in mind that the seller had a reasonable expectation of being recorded through video and not audio because she agreed to meet up in front of a security camera, is it legal for me to post pictures of her I recorded on video to certain places in hopes someone can give me a lead? Or is there a law against that too? What if I posted her picture in various places warning people that she's a scammer?

Just stop.

 

[Silverplum]

Keeping in mind that the seller had a reasonable expectation of being recorded through video and not audio because she agreed to meet up in front of a security camera, is it legal for me to post pictures of her I recorded on video to certain places in hopes someone can give me a lead? Or is there a law against that too? What if I posted her picture in various places warning people that she's a scammer?

You recorded them illegally. Using them is proof of your criminal activity.

This is your lesson on Craigs List and the like.

 

[httpindex]

yes, just tell the seller to refund the money.

 

[Zigner]

yes, just tell the seller to refund the money.

I'm surprised that no-one else thought of that.

 

[anearthw]

You got 3 months use out of the phone and have committed an illegal act yourself. $220? Let this be a LESSON. Do you want to be right, no matter how much time, money, and trouble it is going to cost you?

 

[Eekamouse]

If you wanted a trustworthy phone, you should have bought it through legitimate channels. You get what you pay for when you do your shopping on Craigslist.