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Help!! Please!! Craig List / Sued.

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SnowCajun

Member
I rushed with what to say, if you aren't going to help why post.
I think before you jump on Zigner, who is trying to help you, you might consider that the entirity of this convoluted mess can only be seen from your text and, and as you described them, your "rushed with what to say" words. Advice doesn't always come with a pleasant smell, and no matter how right you may think you are not everyone will always agree.

He pulled up he looked at it and he was wrapped with proper wrapping and tape. He peeled some of it off and said “ ok this is perfect, lets load it up “ I loaded it up in his car, he handed me $750.00 dollars cash. Now days later he calls me up claiming I sold him the wrong bowflex / it was beat up.
Now for my "Rough Justice" view of this mess. First off I think you should have never gotten into any messages or PM arguments with this guy AT ALL, period! All you're doing is providing him with the evidence he needs to beat you in court. Once the judge sees your "I don't care" attitude you're gonna be screwed!

It's truly starting to sound like you sold him something different than you advertised it to be, and no matter how minor you may think the difference to be, it was a difference that this buyer didn't want, and when this happens it's considered to be "Misrepresentation." Did you do it on purpose? I don't know, I hope not! Never the less it happened and this is when the 19 year old in you needs to awaken to manhood and stand up and do what's right. Refund the mans money and properly list the item as what it is and resell it again. That's the right thing to do. You don't sound like you will go that route, but you came here asking our opinions and that's mine.

I'll say this much JT_Detailing, from what you've shown us that you've said to this guy, and you outright stated, "I didn't know their was any difference with the bowflex I had posted!", that's just not a viable defense! Misrepresentation is misrepresentation, and if what you sold him wasn't what you advertised then you're the wrong party here.

Secondly, no matter what route you take, if you're not going to refund this guy his money you need to, at the very least, stop all communications with him. Right now if you're arguing with him all you're doing is providing him with ammunition to use against you. I mean why not just give the guy a gun and toss him bullets one at a time and see how many shots it takes to hit you. That's virtually what you're doing every single time you speak with him, be it by PM or emails, or anything. Any future communication with him is only feeding his benefit by helping him prove his case because of your attitude!

I will also tell you something else also, and I'm not trying to be a Smart Alec, and this comes from my nearly 56 years on this earth, the one thing I see from your posts is that you totally need to get a grip on that attitude, you need to calm down and think things out before you react. You came here for advice, but no one ever gets advice 100% in their favor, we all have different opinions and different ideas, but I, for one, am not going to sugarcoat the truth for you, you asked our opinion and that's what you got. There's an old saying I use all the time, if you don't want to know the truth don't ask my opinion, because that's exactly what you're gonna get.

I fully believed you to be totally in the right when I first read your original post, but when I see things like "Take me to civil court, this is a 'as is' transaction. I didn't know their was any difference with the bowflex I had posted" I can only suggest you pay the man his money back or you may end up having to pay him three times what he gave you just out of punitive damages, mainly because of what's cominng out of your mouth and into your messages to him. Your "I could care less" attitude won't please a judge I promise you, it'll only anger the court against you. It's hard for me to believe that you don't have paperwork showing you which model of this Bowflex you purchased, and if you misrepresented it to someone who took your word that you were selling something other than what you actually sold, I think you're going to find yourself up the creek without a paddle.

I just looked on the internet and found a Bowflex Sport and the cheapest one brand new I saw was on eBay for $699.00, and Amazon.com had one for $799.00 brand new! There are two versions of the Bowflex Xtreme, one is a regular one for $1299.00 and the version 2 is $1599.00, so there is no way in heck you're gonna convince anyone that this guy came over and bought your used machine for $49.00 less than a brand new one with a full waranty from Bowflex, or $50.00 more than he could have gotten it off eBay brand new. I think he fully believed he was getting a Bowflex Xtreme and once he got the box home he saw it to be something less. It can be argued that he should have opened the box more than he did and examined what you were selling, but he took your word! Maybe you don't realize it now, but by the time you're my age you will have fully realized it, there's not much more important in this world than your word and your integrity.

Good luck,
SnowCajun
 


JT_Detailing

Junior Member
SnowCajun - You miss the point, I don't care what he could have paid new or not. 799.99 for it new, he paid 750.00 regardless the price. I'm trying to explain the fact I said it was one thing, it really wasn't. I would have been screwed had I shipped it to him. But that isn't the case. He came to my house he looked at it, he knew it was a sport. Why did he buy it if he knew it was a sport, he left the house knowing it was a 'AS IS SALE'

The only thing I am guilty of is misleading him to my house, I didn’t mislead him to buy the item. Considering he came to my house and liked what he saw. Had the item been wrong from the get go, why did he load it up. Why did he buy it, why..
 

JETX

Senior Member
My last (and accurate) post on this thread as I really don't intend to get dragged into your imaginary world....

The FACT is, your online ad described one model and included a picture ("I needed a picture of a bowflex in full not in pieces / boxed up like mine was. I put up a actual picture from bow flexes website.").

If the item you gave him is not the EXACT SAME MODEL, and he pursues this in court (as you claim he has threatened), a judgment WILL be ordered against you. All the attorney has to do is show the ad you posted... and that it is NOT the same model you provided (in the box) and you are DOA.

I strongly suggest you negotiate a settlement to this matter.... and hope it only costs you the purchase price to undo it. If the buyer were my client, damn right you would also pay his legal fees.
 

JT_Detailing

Junior Member
Look, I can be rude, polite or happy with the seller it doesn’t matter.
I sold him the bowflex that he came to my house and checked out. If it was dinged up don’t you think he should have spoke up then or said he didn’t want to buy. I didn’t force him to buy it.
I didn’t say the bowflex was brand new, I could have said it was any model but the truth of the matter is…

If he was expecting to get a “ Bow Flex extreme “ then why did he buy my Bow Flex sport when he came to the house he knew it was a sport. Any how he came to the house never once asked me if it was a bowflex extreme. I can’t see how I am held responsible to refund his money after he dinged / lost parts. I do not have to honor his request for a refund when it’s a “AS IS SALE” What is so hard for you to understand with the simple fact regardless what I posted on Craig List he came to my home and looked at it for his self. Looking with your eyes beats any post you can ever post. If he knew this was dinged up or wasn’t the right kit why in the world did he buy it?
I couldn’t care if it was dinged up or the wrong kit cause he bought the Bowflex with a “AS IS” attached to the sale.

Give me one reason why I should refund money to someone when their was no return policy. More I’ve stated numerous of times it was a “as is sale” I didn’t guarantee anything with the bowflex.

By the way, I can sell anything for any price; its what the buyer is willing to pay. So please do not hand me the prices of other sites cause if you are willing to pay then that is all that matters. More so how do you know this just wasn’t his intentions in the first place? None the less it doesn’t matter his intentions cause It was a ‘as is sale’.

I’m sorry if my attitude is “ I don’t care “ but I have to not care when it’s a ‘as is sale’.

I don’t have to be polite, I don’t need to be polite when I sold a bowflex from my house as a yard sale. I never heard of ever giving returns from a yard sale. This isn’t Wal-Mart or target, we don’t hand out refunds for used products.
 

JT_Detailing

Junior Member
My last (and accurate) post on this thread as I really don't intend to get dragged into your imaginary world....

The FACT is, your online ad described one model and included a picture ("I needed a picture of a bowflex in full not in pieces / boxed up like mine was. I put up a actual picture from bow flexes website.").

If the item you gave him is not the EXACT SAME MODEL, and he pursues this in court (as you claim he has threatened), a judgment WILL be ordered against you. All the attorney has to do is show the ad you posted... and that it is NOT the same model you provided (in the box) and you are DOA.

I strongly suggest you negotiate a settlement to this matter.... and hope it only costs you the purchase price to undo it. If the buyer were my client, damn right you would also pay his legal fees.

Its has no longer any thing to do with a AD, He came to my yardsale and bought it. Regardless what the ad said, I didn't ship it. He seen it in person! Its not like the only thing he saw was the AD, He seen the actual bowflex how hard is that to understand. If he knew it wasn't the bowflex he wanted then why did he buy it.
 

milspecgirl

Senior Member
was he clearly able to see it was the sport? Fact is, he trusted from your posting that it was an extreme. Did he peel enough of the pkg away to truely know it was a sport? On good faith from your posting, he did not peel away all of the pkg, he believed you based on your post. You misrepresented.
You came here asking for advice. You have gotten it. You can contact your own atty or wait to get sued or just ignore it all, but IF it goes to court, I don't think it will look good for you. Will you have to pay the high sum, the purchase price, a different price, any price? We can't tell you that, but from sitting in many many court rooms, if you go in with your attitude, you will pay
 

milspecgirl

Senior Member
not one's who heard you say it was as-is. One's who can testify that he was looking at the piece that said sport on it and that it was clearly visible. And are these completely impartial witnesses? people you didn't know before the yard sale?
 

JETX

Senior Member
If he was expecting to get a “ Bow Flex extreme “ then why did he buy my Bow Flex sport when he came to the house he knew it was a sport.
And what you seem incapable of understanding is...
You can keep saying that all day long.... the FACT is... he has a WRITTEN ad showing that you were selling an 'Extreme' and you sold him a 'sport'. That is all the court will see. Your claims of:
1) I told him was not the same model and he bought it anyway can't be proven. The written post can.
2) If your post said it was in excellent condition and it isn't.... the written post will prevail.
3) Hell, you can tell the court anything you want... it will have NO impact on the FACT that the written ad will prevail.

By the way... your 'as is' sale claim means NOTHING in the case of fraud and/or misrepresentation.

Do what you want. If the seller sues you (your post says he already has an attorney), the court will simply confirm what I have already tried to tell you and it will cost you far more than it would to settle this now.
 

SnowCajun

Member
My last (and accurate) post on this thread as I really don't intend to get dragged into your imaginary world....
I agree with you JETX, I'm done too. This guy didn't come here for advice, he came here wanting everyone to agree with him. Unfortunately that didn't work out for him, especially after hearing as much of his story as we have.

JT_Detailing listen to milspecgirl, she's right! The guy may have peeked inside the box, but both the Sport and the Xtreme, when dismantled and packaged, look very much like each other, and as milspecgirl said, this guy took your word. The truth is you're going to lose this one, my advice is to return his money before going to court over it, the court could make you pay treble damages and believe me, $750.00 is easier to come up with than $2,250.00

I'm not trying to talk down to you, you're still very young and I can't say that I realized the importance of my word and the integrity and respect it brings you all through your life when I was your age, but it really does and you'll eventually see that. You've already convinced yourself you're right beyond doubt, at least that's what your words show us all. I can only say this last thing in closing, there's no cleaner feeling in the world than when you toughen up and do the right thing, even when that right thing hurts. Right is right, and right makes you feel good when you've done it and lived by it.

SnowCajun
 

SnowCajun

Member
If that is the logic that nothing I say can be proved in court then I very well could say he didn't pay 750 cash then.
Take me to civil court, this is a 'as is' transaction. I didn't know their was any difference with the bowflex I had posted. Regardless, the deal is done and over with so you come to my house I will have no other choice but to call for trust passing. I no longer have the money, this was a 'as is deal' you either take it or you don't. I have no obligation to honor your request.
And I just said I wasn't going to say anything else too .. sheesh! Look above at what you told us earlier! You told us that you'd already written to this guy telling him you no longer had the money, so how can you go to court and say he never paid you? Don't you realize that what you said there in your email or PM is proof for his side that he'd actually paid you?? You made his case for him! What was that old WW2 saying.. hmm.. oh yeah, "Loose lips sink ships" .. consider yourself sunk!

Remember when you were a little boy and your mother used to tell you to be quite by pretending she had a zipper over her mouth and acting like she was zipping her mouth shut? This might be a good time to stop guy because everytime you open your mouth you're putting your foot in it.

SnowCajun
 
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