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HELP Is this Internet Fraud?

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K

kapple

Guest
Hello,
Here is my story... I sold a used Armani Tuxedo thru a online auction site,I included 3 photos of the item and stated in the auction's discription that it was being sold for a friend and because of being sold for a friend that all sales were final. The buyer (also a ebay seller) sends a email asking how old the Tuxedo was and he asked was the label black or white. I replied, and said I did'nt know how old it was & gave him the numbers from under "commessa" Commence? from the inside of the tuxedo's pocket and told him the label was white. He buys it for 500.00 and now says it is not a Armani white label? I've since learned Armani has a very high priced line called white label and it has a lower priced line "Mani" by Giorgio Armani also with a white label, The latter is what I sold.. He now says he is going to sue me if I don't return the money? I can't afford it...AND He did not pay the money to me, He paid with a check made out to my friend & she can't afford to repay the money either. I did list the Tuxedo as a Armani,and it is, but it is not the one he assumed it would be. . Where do I sit? Can I be liable allthough I never said it was anything other than a Armani tuxedo? Because check was made out to my friend will we both be sued? I have saved the online ad & all emails. We (Buyer & Seller) have posted our problem on a safeharbor/trust board at the auction site & everybody agrees that I have done nothing wrong & he assumed it was something it was not and he bid on a "all sales final" auction, and should have to obide by the rules stated in the auction... But this does not deter him , he still says he is suing me. What do you think? This is not fraud if I sold him a Armani tuxedo & he recieved a Armani tuxedo? Right? He bid 500.00 for a 800.00 Armani tux instead of what he assumed was a 2000.00 Armani tux, I never implied that! I could understand being in the wrong if I sold something it wasn't, but I sold exactly what I said it was.. A Armani Tuxedo. I can send you a link to my auction ad & the online auction safeharbor disscussion board about this. Please, Please somebody get back to me with your opinion... This is keeping me awake at night. Not to mention he has money to burn in a lawsuit, he is a pretty famous celebrity photographer & Im sure has legal counsel allover the place. Do you think he is just trying to bully me? or does he have a case. One more thing we both live in California Him in Southern & I in Northern.. Where whould I have to go to if this goes to court?
 


L

lawrat

Guest
Court (very unlikely) should occur in California because that is where the suit was, where you initiated the ad.

BUT, you won't go there because you said "all sales final" and he didn't take the time to tell you what "white label" meant. When he asked, and you didn't know, he should have realized you didn't know the significance of that. Also, if he truly knows his Armani line, he SHOULD have realized the possibility of you selling the lower priced line, not the one he assumed.

____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 

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