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Private sale w/bill of sale- Defective TV: Should I go to small claims court?

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M

mrgrod

Guest
I recently purchased a TV from a person I met on eBay. No one met the seller's reserve price on ebay, so I contacted him after the auction and we decided on a price for the TV. It is a widescreen 55" Mitsubishi TV (model 55805). I live in Portsmouth, NH, and I picked up the TV at the seller's house in Peabody, MA. We wrote up a short bill of sale that said:
"I (seller's name) sell (1) one 55" Mitsubishi TV for $1350.00 with no known defects to (my name)."
I dated it and we both signed it. (We actually wrote it up twice, and we each kept a copy). When I got home and set up the TV, it seemed to work fine. I was very busy that week at school/work, so I didn't get to use the TV much. Once I had gotten a chance to really watch the TV for any length of time however, I noticed a burned in ghost image across the bottom of the TV. The image is only noticeable when that area of the screen is projecting a particularly light image, (which is why I didn't notice it at the seller's house where he showed me the TV with a football game playing on it very briefly), but it is unmistakeably visible. This is a very serious defect that severely takes away from the quality of the image projected. These burned in images are a somewhat common problem among projection TV's if care is not used to avoid leaving "stagnant" images on the screen for prolonged periods of time. The burned in image is from some sort of VCR, DVD, or camcorder I believe, (it is an image of the letters SP, 0:00:00, and a meter of some sort),but none of my equipment produces any image like this, so I am positive that it was burned in while in the seller's possession (not to mention that I noticed almost immediately once I sat down and watched an entire program on it). It costs well over $500.00 to have this problem fixed. It is very obvious to me that the seller knew about this flaw (as I said, it is unmistakeable), and intentionally did not let me know about it so I would buy the TV. This is actually most likely the reason he was selling it in the first place. I repeatedly asked him via email if there were "any problems whatsoever with this TV", and he repeatedly assured me that it was in perfect working condition. I can't stress this enough: He told me SEVERAL times that the TV was in MINT condition, and he knew of absolutely no problems. Trust me, there is NO WAY he has not noticed this ghost image before. What should I do now? Can I hold him responsible to have the TV seviced to remove the ghost image (this can only be accomplished by replacing all three of the CRT guns, which runs somewhere between $500.00 and $1000.00)? Can I force him to return my money and come pick up the TV? I would like to keep the TV, but I can not afford to get it fixed myself, nor should I have to. I feel that HE should be held responsible to provide ME with the product he promised. PLEASE HELP?!?!?
 



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