Washer & Dryer Purchase

[princessicys1]

What is the name of your state (only U.S. law)? NC
I saw an advertisement for a washer & dryer set on craigslist that I wanted to purchase. The set looked great and the picture was of a newer set. After speaking with the seller, I sent someone to pick it up and when they got the items back to my house, it was not the same set. The set they gave to the delivery driver was different in color, and much older. It was NOT the same set in the picture. I printed the advertisement off craigslist for proof of the picture set that was advertised, I also printed the e-mails that I sent to the seller and the one she responded, both having the e-mail address on it that was posted on craigslist. I called her and left a message about the misrepresentation and also sent her an e-mail. I offered her to either give me my money back and take the OLD set or provide me with the correct set. She said all sales are final and I should have come and picked the set up myself. On this upcoming Monday I plan on going to the court house and filing a small claims against her. I have her name and address and phone number. Do I have a case? I think it was false advertisement.

 

[Banned_Princess]

I think craigslist is a buyer beware kinda market.

But you are free to sue her, you'll need to know where to serve her.

 

[justalayman]

You can surely try. Without knowing what was in the ad or what was said, giving you the odds of winning is impossible. It sounds like you have a reasonable claim but of course, we don't have the sellers statement.

 

[princessicys1]

Washer & Dryer

Let me try this again... I printed out the actual Ad, therefore I DO have the Ad and I have what it says. Craigslist usually disguises the persons e-mail, however, when I e-mailed the disguised e-mail, the seller replied using their own e-mail address and the communication went back and forth, therefore I have the Ad with the e-mail address, and all of our e-mail correspondence with the seller responding to the e-mail. The Ad has the picture of the washer & dryer set that was being sold which is NOT the one that showed up at my house. So, I have all corners covered as far as evidence. I also have the sellers Name, Address and Phone Number so for the first person that replied, I do know where to serve her. Now, I know I will win... What do you think?

 

[swalsh411]

Did the ad say either you were getting a specific model number (for example, an LG WM2701HV) or that you were getting the exact model in the picture? If no to both then your chances of winning just went from maybe to almost certainly not. The seller will claim that the picture was never intended to represent the actual product for sale and she never promised a specific model in the ad. She might also claim she never bothered to check the model number and used the first picture she found online because she assumed the buyer would examine the set prior to purchase. Either of those arguments would probably win in small claims court.

edit: By the way, if you know you will win then why are you here asking for opinions?

 

[justalayman]

Now, I know I will win... What do you think?

well, I'm glad you know you will win. Not too many sure things in this world and the courts are notorious from not being a sure thing, even when somebody thought it was.

I have not read the ad. I have no idea what it contains. As I said, sounds like you have a good chance of prevailing but I can think of a few statements in the ad that would remove any chance of winning. If any of them are present, you won't win.


so, plop down the money at the courthouse. If the seller won't refund your money and you believe you were cheated, then that would be the proper action to take.

did you ever ask your delivery people why they brought back a washer that looked different than the one in the picture? Why they didn't call you and let you know the one offered to them is not the one in the picture?

again, it sounds like you have a reasonable chance to prevail but again, we don't have all of the facts nor both sides story. Best of luck.

 

[princessicys1]

Below is a copy and past of the exact Ad. There isn't any model # or brand name listed in the Ad at all. I looked up the model # and name that I received and it came back that it was made over 8 years ago.

Here is the Exact Ad:

Washer and Dryer - $230 (Charlotte(Monroe)& surrounding)

--------------------------------------------------------------------------------
Date: 2010-06-10, 2:08PM EDT
Reply to: [email protected] [Errors when replying to ads?]


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This washer and dryer is about 4 years old but still works perfectly. In great condition. Recently combined households and have no need for additional units. Must sale!


Location: Charlotte(Monroe)& surrounding
it's NOT ok to contact this poster with services or other commercial interests

 

[swalsh411]

My opinion is that if she didn't give a specific model name in the ad OR promise that the picture was exactly what you were getting then your chances are slim to none.

 

[princessicys1]

The Ad states the washer and dryer is about 4 years old and I went to the Kenmore Site, looked up the model and it was made in 1994!!! So what about this misrepresentation?

 

[justalayman]

The Ad states the washer and dryer is about 4 years old and I went to the Kenmore Site, looked up the model and it was made in 1994!!! So what about this misrepresentation?

about is a fairly ambiguous term. When somebody asks me about my wife's age, they get an "about" and then I shoot about 5 years under her real age. She is about that age.

It's worth a shot, especially since the pics were not representative of the actual machines.

you never did answer though; did your deliver person know what the machines looked like? If so, why didn't they call you when offered the machines they did pick up?

 

[xylene]

How do you know the people you sent did not swap them out?

You are sunk for not having looked.

 

[princessicys1]

The delivery person didn't know what the machines look like. He never saw a picture of the machines. I only printed the Ad out off craigslist because when he arrived at my house, they weren't the correct machines and I wanted back-up. The owner quickly removed the Ad off craigslist after I called about the machines and complained. But as far as the year, around about 4 years old is WAY off from being 16 years old. Am i getting any replies from ACTUAL lawyers????????? Because anyone who signs up can reply to these questions.

 

[AlmostALawyer]

Generally to get a response from a lawyer you have to pay for it. This is why its free advice. This non-lawyer doesn't think you have much of a case, but again...not a lawyer.

 

[justalayman]

Am i getting any replies from ACTUAL lawyers?????????

I'm not nor do I claim to be. If you must have a response from a lawyer, I suggest paying for one. There are a lot of educated people here, some lawyers, most not but none the less, educated and knowledgeable.

But as far as the year, around about 4 years old is WAY off from being 16 years old.

Now it's 16.

I looked up the model # and name that I received and it came back that it was made over 8 years ago.

If you can stretch 8 into 16, the seller surely did nothing wrong by stretching 4 into 8.

there should be serial numbers on the machines with which you should be able to get a date of production, if the actual date isn't already on the machine.

I am missing what you are looking for. There are no guarantees when you go to court. As I said at least twice, I believe, especially since you have a picture of the units, you have a reasonable chance of prevailing so, the rest is up to you. Either sue or wash your clothes. There really isn't a whole lot more to tell you.

 

[JessiesGirl]

OK, I have some questions. First, does that washer/dryer work? Did you really only pay $230 for the SET? If they work, and you only paid that much, you got what you paid for. I believe if you had received a 4 year old set for $230 then the seller was dumb and you stole it. Because the units are old, but work, then I believe that is a fair price.

Wash your clothes. Enjoy (your) new washer/dryer.

Kathy

P.S. It would take a lot of money and time to file for suit for the $230 and it's just not worth it. I mean, you wanted the ones in the picture, but you didn't PAY for the ones in that picture.